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Full text of "North Carolina Register v.11 no. 15 (11/1/1996)"



7v- 1 - , 



NORTH CAROLINA 

REGISTER 



VOLUME 11 • ISSUE 15 • Pages 1197 - 1262 
November 1, 1996 



IN THIS ISSUE 

Executive Orders 

Environment, Health, and Natural Resources 

Human Resources 

Insurance 

Rules Review Commission 

Contested Case Decisions 



\ 



■ 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 1 25-11.13 



NORTH CAROLINA 



IN THIS ISSUE 




I. EXECUTIVE ORDERS 

Executive Orders 102-104 



1197-1199 



n. RULE-MAKING AGENDA 

Environment, Health, and Natural Resources 

Coastal Resources Commission 1200- 1203 

Environmental Management Commission 1200-1203 



m. RULE-MAKING PROCEEDINGS 

Environment, Health, and Natural Resources 

Environmental Management 1204 



Volume 1 1 , Issue 1 5 
Pages 1 1 97 - 1 262 



November 1 , 1 996 



This issue contains documents officially 
filed through October 11, 1996. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann HI, Director 

James R. Scarcella St., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



IV. TEMPORARY RULES 

Environment, Health, and Natural Resources 

Coastal Resources Commission 1226- 1228 

Environmental Management Commission 1225-1226 

Human Resources 
Medical Assistance 1205- 1212 

Insurance 

Home Inspector Licensure Board 1212- 1223 

Property and Casualty Division 1223 - 1225 

V. APPROVED RULES 1229-1230 

Human Resources 

Social Services Commission 



VI. RULES REVIEW COMMISSION 1231 - 1237 

Vn. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1238- 1248 

Text of Selected Decisions 

95 EHR 1335 1249-1254 

95 OSP 1461 1255-1261 

VIII. CUMULATIVE INDEX 1-34 



Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg1115nort 




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EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 102 

AMENDING E.O. NO. 99 CONCERNING 

EMERGENCY RELIEF FOR DAMAGE 

CAUSED BY HURRICANE FRAN 

WHEREAS, Executive Order No. 99 was issued by me 
to provide emergency relief for damage caused by Hurricane 
Fran by waiving, certain size and weight restrictions for 
certain vehicles; and 

WHEREAS, Executive Order No. 99 by its terms will 
expire on October 4, 1996; and 

WHEREAS, I have determined that relief and recovery 
from damage caused by Hurricane Fran and the resulting 
need for the provisions of Executive Order No. 99 will 
continue beyond October 4, 1996. 

NOW, THEREFORE, pursuant to the authority vested in 
me as Governor by the Constitution and laws of this State, 
IT IS ORDERED that the provisions of Executive Order 
No. 99 remain in force until December 1, 1996. 

Done in the Capital City of Raleigh, North Carolina this 
2nd day of October, 1996. 

EXECUTIVE ORDER NO. 103 
AMENDING E.O. NO. 99 AND E.O. NO. 102 
CONCERNING EMERGENCY RELIEF FOR 
DAMAGE CAUSED BY HURRICANE FRAN 

By the authority vested in me as Governor by the laws 
and Constitution of North Carolina, IT IS ORDERED: 



The provisions of Executive Order No. 99 which apply to 
vehicles transporting logs and residual products shall remain 
in force until April 1, 1997. 

This Executive Order shall be effective immediately. 

Done in the Capital City of Raleigh, North Carolina this 
day of 1996. 

EXECUTIVE ORDER NO. 104 

CREATING THE NORTH CAROLINA DISASTER 

RECOVERY TASK FORCE, CENTER, 

AND ACTION TEAM 

WHEREAS, the State of North Carolina suffered exten- 
sive damage to its human and physical resources as a result 
of various natural disasters beginning with the approach and 
landfall of Hurricane Bertha and continuing with Hurricane 
Fran and other storms; and, 

WHEREAS, the estimates of damage sustained by North 
Carolina's citizens and their communities far exceed the 
physical and social costs of any previous natural disasters; 
and, 

WHEREAS, North Carolina is truly grateful for the 
outpouring of personal and financial assistance from 
throughout the nation which has assisted with the first phase 
of recovery; and, 

WHEREAS, emergency personnel throughout the state 
have performed extraordinarily to provide the initial re- 
sponse to this series of disasters; and, 



Section 1 of Executive Order No. 99 is hereby amended 
to read: 

Section 1. The Division of Motor Vehicles shall waive size 
and weight restrictions and penalties therefor arising under 
N.C.G.S. 20-88, 20-96, and 20-118 for vehicles transport- 
ing food, equipment, and supplies, including necessary 
utility vehicles along our highways to North Carolina's 
hurricane-stricken counties, and vehicles transporting logs 
and residual products including bark and chips resulting 
from the salvage of hurricane damaged timber. 

Section 3. of Executive Order No. 99 is hereby amended 
by adding subsection (D) to read: 

(D) Trucks transporting logs or residuals under these 
provisions shall be required to display appropriate identifica- 
tion of such on the driver's side door or windshield and to 
obtain a written permit from the local state Division of 
Forest Resources office. 

Executive Order No. 102 is hereby amended by adding a 
new sentence to the fourth paragraph to read: 



WHEREAS, all fourteen members of North Carolina's 
Congressional delegation joined with local and state officials 
to successfully secure critically needed additional resources 
for our state; and, 

WHEREAS, all North Carolinians now must come 
together to repair, re-build, and plan for our state's 
long-term recovery and to make North Carolina even better 
and stronger than before; and, 

WHEREAS, such long-term recovery exceeds the capacity 
of any existing single agency or office to manage with the 
speed and efficiency the situation demands; and, 

WHEREAS, the coordination of the efforts of everyone 
involved in such recovery activities is crucial to making the 
best use of precious resources. 

NOW, THEREFORE, by the power vested in me as 
Governor by the laws and Constitution of the State of North 
Carolina, IT IS ORDERED: 

Section .L The North Carolina Disaster Recovery Task 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1197 



EXECUTIVE ORDERS 



Force 

a. Establishment, There is hereby established the North 
Carolina Disaster Recovery Task Force. 

b. Membership. The Task Force shall be comprised of 
the following members: 

1. The lieutenant Governor, who shall be Chairman; 

2. The Secretary of the Department of Crime Con- 
trol and Public Safety, who shall be 
Vice-Ch airman; 

3. The State Treasurer; 

4. The Commissioner of Insurance; 

5. The Commissioner of Agriculture; 

6. The Superintendent of Public Instruction; 

7. The North Carolina Attorney General; 

8. The President of the University of North Carolina 
General Administration; 

9. The President of the North Carolina Community 
College System; 

10. The Secretary of the Department of Transporta- 
tion; 

11. The Secretary of the Department of Human 
Resources; 

12. The Secretary of the Department of Environment, 
Health and Natural Resources; 

13. The Secretary of the Department of Commerce; 

14. The Secretary of the Department of Correction; 

15. The Secretary of the Department of Revenue; 

16. The Secretary of the Department of Administra- 
tion; 

17. The Secretary of the Department of Cultural 
Resources; 

18. The President of the North Carolina League of 
Municipalities; 

19. The President of the North Carolina Association 
of County commissioners; 

20. The State Budget Officer; 

21. The Governor's Senior Policy Advisor; 

22. The Governor's Senior Advisor; and 

23. The Director of the North Carolina Disaster 
Recovery Center. 

Each member of the Task Force may select one alternate 
from his or her immediate staff (including division directors) 
to represent the member on the Task Force. 

c. Responsibilities . The Task Force shall prepare a 
comprehensive report with recommended actions to ensure 
North Carolina's long-term recovery from the natural 
disasters described herein. The report shall be submitted to 
the Governor by November 30, 1996, and shall provide 
direction to the North Carolina Disaster Recovery Action 
Team. In preparing this report, the Task Force shall 
consider the following: 

1. How best to determine the needs and problems 
resulting from the natural disasters and to estab- 
lish the priorities for attention and investment 
among the identified needs and problems; 



2. A means by which the costs of satisfying needs 
and remediating problems can be assessed; 

3. A means by which appropriate and available 
funding sources can be identified to enable North 
Carolina to rebound to a status exceeding its 
previous level; • 

4. How to coordinate with agencies and organiza- 
tions at all levels to help match sources and uses 
of funds thereby ensuring the best use of available 
resources for recovery efforts; 

5. How to develop, in cooperation with local and 
regional agencies, effective strategies to mitigate 
the impact of future natural hazards and disasters; 
and 

6. An effective way to monitor the recovery effort 
and thereby provide a means for ongoing assess- 
ment of disaster recovery efforts. 

d. Meeting. The Task Force shall meet as necessary 
upon the call of the Chairman, the Vice-Chairman, or the 
Director of the Disaster Recovery Center. 

Section 2± The North Carolina Disaster Recovery Center. 

a. Establishment. There is hereby created, within the 
Governor's Office, the North Carolina Disaster Recovery 
Center. 

b. Responsibilities. The Disaster Recovery Center shall 
provide the day-to-day coordination of all activities identi- 
fied in this Executive Order, all activities related to the 
working and actions of the Task Force and the Disaster 
Recovery Action Team, and any other related responsibili- 
ties as determined by the Governor. The Center shall 
operate under a Center Director who shall report directly to 
the Governor and function as a senior staff member. The 
Center Director shall coordinate closely with the Governor's 
Senior Advisor and shall have the support (financial and 
staffing) of all state agencies in carrying out these responsi- 
bilities. 

Section 3^ The North Carolina Disaster Recovery Action 
Team Establishment. 

a. Establishment. There is hereby established the North 
Carolina Disaster Recovery Action Team. 

b. Membership . The Center Director, in consultation 
with the Director of the Governor's Washington Office, 
Task Force members and any other agencies or individuals 
he deems appropriate, shall select the Action Team. In 
addition to members selected by the Center Director, the 
Action Team shall include the following: 

1. The Chairman of the Disaster Recovery Task 
Force; 

2. The Vice-Chairman of the Disaster Recovery 
Task Force; 

3. One representative of the Governors' Policy 
Office; and, 

4. One representative of the Office of State Plan- 
ning. 



1198 



NORTH CAROLINA REGISTER 



November 1, 1996 



11:15 



EXECUTIVE ORDERS 



c. Responsibilities . The Action Team shall assist the 
Center Director in implementing the recommendations 
contained within the Task Force's November 1996 Report 
and in carrying out any other disaster recovery actions as 
instructed by the Governor. 

Section 4^ Cooperation with Federal Officials and the North 
Carolina Legislative Branch . The Task Force, Center, and 
Action Team shall work closely with federal agencies, the 
State's Congressional delegation, and the North Carolina 
General Assembly to ensure a coordinated and cooperative 
approach to disaster relief and recovery. Pursuant to this, 
information related to disaster recovery efforts shall be 
readily available to members of North Carolina's Legislature 



and Congressional delegation. 

Section 5 Expenses . 

All administrative expenses associated with carrying out 
this Executive Order shall be borne by participating agencies 
within the Executive Branch as allocated within the sole 
discretion of the State Budget Officer. 

This is effective immediately and shall remain in effect 
until terminated by subsequent executive order. 

Done in the capital city of Raleigh, North Carolina, this 
the 10th day of October, 1996. 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1199 



RULE-MAKING AGENDA 



An agency may choose to publish a rule-making agenda which serves as a notice of rule-making proceedings if the 
agenda includes the information required in a notice of rule-making proceedings. The agency must accept comments 
on the agenda for at least 60 days from the publication date. Statutory reference: G.S. 150B-21.2. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

This agenda will serve as the notice of rule-making proceedings for the following rule-making bodies from November 1, 
1996 through December 31, 1996: 

Environmental Management Commission - to rules codified in 15A NCAC 2; and 
Coastal Resources Commission - to rules codified in 15A NCAC 7. 

AIR QUALITY 

APA # SUBJECT RULE CITATION # 

E1961 Change the names of Divisions 15A NCAC 2D .0101, .0104, .0105, .0108, .0202, .0302, .0501, 

.0521, .0524, .0525, .0531, .0610, .0912, .0953, .0954, .1005, .1107, 
.1203, .0307, and .0521 and 2H .1202 -.1205 

E1962 Municipal Waste Landfills 15A NCAC 2D .2200 (new section) 

COASTAL MANAGEMENT 

APA # SUBJECT RULE CITATION # 

E2097 Temporary rules to establish 15A NCAC 7H .0304 and .0305 -Temporary Rules, published in 

procedures for determining Volume 11, Issue 15 of the Register, 

the setback measurement line 
on beaches devoid of vegetation 
as a result of a hurricane or 
major storm. 

E2101 Expansion of existing general 15 A NCAC 7H .1600 

permit to include installation of 
gas and sewer lines 



WATER QUALITY 



APA # 


SUBJECT 


RULE CITATION # 


E2093 


Conditions for Issuing General 


15A NCAC 2H .0225 




Permits 


15 of the Register 



Temporary Rule, published in Volume 11, Issue 



WATER QUALITY/GROUNDWATER 

APA # SUBJECT RULE CITATION # 

E2100 Risk Based Corrective Action for 15A NCAC 2L .0115, 2N, 2P, 2L 

Petroleum Underground Storage 
Tanks 



APA #: E1961 

SUBJECT: Change the names of Divisions 

RULE CITATION #: 15A NCAC 2D .0101, .0104, .0105, .0108, .0202, .0302, .0501. .0521. .0524, .0525, .0531, .0610, 

.0912, .0953, .0954, .1005, .1107, .1203, .0307, and .0521 and 2H .1202 -.1205 

STATUTORY AUTHORITY: G.S. 20-128. 2(a); 143-213; 143-215.3(a)(l); 143-215. 3(a)(ll), (12); 143-215. 107(a)(3); 

143-215. 107(a)(4); 143-215. 107(a)(5); 143-215. 107(a)(6); 143-215. 107(a)(7); 143-215. 108(b); 143B-282; 150B-13; 

150B-14(c); 150B-21.6; 150B-21.2(b) 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 4/30/96 

DURATION OF RULE: Permanent 

TYPE OF RULE: 



1200 NORTH CAROLINA REGISTER November 1, 1996 11:15 



RULE-MAKING AGENDA 



STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION: To change division names. 

SCOPE/NATURE/SUMMARY: Effective July 1, 1996, the Air Quality Section became the Division of Air Quality, and 

the Division of Solid Waste Management became the Division of Waste Management. There are 27 rules that need to be 

amended to change Division of Environmental Management and Air Quality Section to Division of Air Quality. Three rules 

need to be amended to change Division of Solid Waste Management to Division of Waste Management. 

Section 15A NCAC 2H .1200, Special Orders, will need to be revised to account for the reorganization. 

APA#: E1962 

SUBJECT: Municipal Waste Landfills 

RULE CITATION #: 15A NCAC 2D .2200 (new section) 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215.65; 143-215.66; 143-215. 107(a) 

DIVISION/SECTION: ATR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 4/30/96 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: Local 

REASON FOR ACTION: To limit emissions of volatile organic compounds, toxic air pollutants, and malodorous 

compounds from existing municipal solid waste landfills. 

SCOPE/NATURE/SUMMARY: The rules would apply to municipal solid waste landfills for which construction began 

before May 30, 1991. Landfills that emitted landfill gas in excess of 50 megagrams (55 tons) per year would be required 

to control their emissions. Landfills designed to hold 2.5 million megagrams (2.8 million tons) of waste or more will be 

required to install gas collection systems or prove that the landfill emits less than 50 megagrams per year of non-methane 

organic compounds. The control requirements would generally involve drilling collection wells into the landfill and routing 

the gas to a suitable energy recovery system or combustion device. Emissions may be controlled by flaring or by burning 

the gases in an internal combustion engine, turbine, or boiler. Details of the requirements can be found in 40 CFR Part 60, 

Subpart Cc (61 FR 9905) EPA identified 11 potentially affected landfills in North Carolina. 

APA#: E2093 

SUBJECT: Conditions for Issuing General Permits 

RULE CITATION #: 15 A NCAC 2H .0225 

STATUTORY AUTHORITY: G.S. 143-215. 1(b)(3) and (4); 143-215. 10C(a) 

DIVISION/SECTION: WATER QUALITY 

DIVISION CONTACT: Coleen Sullins 

DIVISION CONTACT TEL#: (919)733-5083 

DATE INITIATED: 9/30/96 

DURATION OF RULE: Temporary 11/8/96 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION: Under the normal rule making process, there is not sufficient time to adopt a permanent set of 

rules prior to the legislative deadline to begin permitting (see Scope). 

A permanent rule is required to enable the continued use of general permitting for animal waste operations as mandated by 
G. S. 143-215. 10C. This temporary rule would act as the foundation to provide the Division with the authority to re-issue 
general permits and to continue to develop new animal general permits as necessary. The ability to issue general permits 
will increase the efficiency and effectiveness of the permitting program, reduce the time required to obtain a permit and 
provide for increased public input into the development of the general permits. 

SCOPE/NATURE/SUMMARY: The recently enacted legislation, An Act to Implement Recommendations of the Blue 
Ribbon Study Commission on Agriculture Waste [SB 1217], disallows construction and operation of an animal waste 
management system by any person until such person has received a permit under Part 1A [Section 2 of SB 1217, amending 
G. S. 143-215. 1(a) adding item (12)]. Part 1A, G. S. 143-215. 10C "Applications and permits", requires the Environmental 



11:15 NORTH CAROLINA REGISTER November 1, 1996 1201 



RULE-MAKING AGENDA 



Management Commission develop a system of general permits for animal waste operations [Section 1 of SB 1217]. The 
effective date of the above provisions, found in Sections 19(c)(1) and 20, is January 1, 1997. Section 19(c)(1) specifically 
requires the Department of Environment, Health and Natural Resources issue permits for existing operations beginning 
January 1, 1997, issuing permit coverage to at least 20% of the existing operations within the first year (all permitting is 
to be completed within five years). Other operations existing as of January 1, 1997, may continue to operate on a deemed 
permitted basis. In accordance with Section 20, new animal waste systems as of January 1, 1997, may not begin construction 
or operation, until a permit has been issued to that operation. 

The Environmental Management Commission's power as to permitting is established under G. S. 143-215. 1(b). 
Paragraph (b)(3) allows that general permits may be issued under rules adopted pursuant to Chapter 150B of the General 
Statutes. Such rules are required to set out conditions under which general permits may be issued. The recently enacted 
SB 1217, mandates that general permits be issued for animal waste operations and that permitting begin January 1, 1997. 
The advisory opinion received from the Attorney General's Office stated that the existing rules implementing the 
nondischarge permit program, under which the animal waste general permits are to be issued, do not provide the necessary 
rules envisioned by G. S. 143-215. 1(b)(3). Further, they believe that rules establishing the process and conditions for issuing 
nondischarge general permits must be adopted prior to the development and issuance of general permits. The normal rule- 
making process would likely take until the summer of 1998 to be completed. Therefore, in order to comply with the 
permitting mandate established in SB 1217, temporary rules establishing the conditions for issuing general permits were 
developed. Section 25 of the ratified SB 1217 authorizes the Environmental Management Commission to adopt temporary 
rules to implement the act and begin issuing general permits for animal waste management systems. 

APA#: E2097 

SUBJECT: Temporary rule to establish procedures for determining the setback measurement line on beaches devoid of 

vegetation as a result of a hurricane or major storm. 

RULE CITATION #: 15A NCAC 7H .0304 and .0305 

STATUTORY AUTHORITY: G.S. 113A-107; 113A-113; 113A-124 

DIVISION/SECTION: COASTAL MANAGEMENT 

DIVISION CONTACT: Preston Pate 

DIVISION CONTACT TEL#: (919)726-7021 

DATE INITIATED: 10/3/96 

DURATION OF RULE: Temporary 10/10/96 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION: Establish a procedure to determine a baseline from which oceanfront setbacks will be measured 

in areas with no vegetation as a result of a hurricane or other major storm. 

SCOPE/NATURE/SUMMARY: The proposed rules will apply to areas affected by Hurricane Fran in Carteret, Onslow, 

Pender and New Hanover Counties. They establish procedures for locating a measurement line using pre-storm photography 

and measurement of the degree of shoreline erosion and vegetation line movement along specific stretches of beaches. 

APA #: E2100 

SUBJECT: Risk Based Corrective Action for Petroleum Underground Storage Tanks 

RULE CITATION #: 15A NCAC 2L .0115, 2N, 2P, 2L 

STATUTORY AUTHORITY: G.S. 143-215.94V 

DIVISION/SECTION: WATER QUALITY/GROUNDWATER 

DIVISION CONTACT: Arthur Mouberry 

DIVISION CONTACT TEL#: (919)733-3221 

DATE INITIATED: 10/8/96 

DURATION OF RULE: Permanent 10/1/97 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION: The adoption of 15A NCAC 2L .01 15 will require the owner or operator or a landowner, eligible 

for reimbursement from the state's Commercial and Non-commercial Underground Storage Tank Trust Funds pursuant to 

NCGS 143-215. 94E(bl), to determine the degree of risk to human health and the environment that is posed by a discharge 

or release from a petroleum underground storage tank. This new rule is necessary in order to fully enact the requirements 

of the NCGS 143-215. 94V and Chapter 648 of Senate Bill 1317. The new rule is intended to assure that state trust fund 



1202 NORTH CAROLINA REGISTER November 1, 1996 11:15 



RULE-MAKING AGENDA 



reimbursements are continued for sites that have the greatest risk and to reduce the demand on trust funds. 15A NCAC 2L 
.0115 will replace temporary rules 2L .0106 (r) and (s) once permanent risk based rules are in place. The intent of the 
classification process will be to identify, as early as possible in the regulatory process, what assessment and release response 
is necessary at a site to protect human health and the environment. Site classification will take into account both the current 
and potential future use of groundwater as a source for drinking water and for non-drinking water uses (e.g. washing cars, 
filling swimming pools). The rule will contain a provision that allows for "no further action" to be taken at a site if certain 
conditions are met. Once this determination is made, costs incurred by a responsible party for further assessment and/or 
cleanup activities will not be reimbursable from the Commercial or Non-commercial Trust Funds unless any of the conditions 
specified in G.S. 143-215. 94V(e)(l) are applicable. 

The amendment to 15A NCAC 2N will change corrective action requirements and other requirements for underground 
storage tanks that receive disbursements through the Commercial and Non-commercial Leaking Petroleum Underground 
Storage Tank Trust Funds. These tanks will be required to meet certain criteria prior to the implementation of risk based 
cleanup, pursuant to 15A NCAC 2L .0115. 

The amendment to 15A NCAC 2P will specify that if a cleanup under 2L .01 15 or .0106 is not necessary, the costs incurred 
for such cleanup by an owner,operator or landowner will not be considered "reasonable and necessary" and will not receive 
state trust fund reimbursements. This change will enable the Division to more effectively prioritize reimbursements from 
the trust funds based on the degree of risk from a release of petroleum. 

The amendment to 2L will include changes as necessary to maintain consistency of these rules with the adoption of 15A 

NCAC 2L .0115. 

SCOPE/NATURE/SUMMARY: 15A NCAC 2L .0115: Specifies the risk -based approach to corrective action as required 

by NCGS 143-215. 94V and Senate Bill 1317. The rule will define a tiered approach to site assessment that will result in 

the classification of contaminated sites into two or more risk categories and define appropriate release response for the 

respective categories. 

15A NCAC 2N: Establishes technical standards, initial site characterization, corrective action, reporting requirements, and 

closure requirements for underground storage tanks. 

15 A NCAC 2P: Established the conditions under which disbursements of funds occur through the Commercial and 

Non-commercial Leaking Petroleum Underground Tank Trust Funds. 

15A NCAC 2L: Establishes the groundwater classifications, groundwater standards, and procedures necessary to preserve 

the quality of groundwaters, prevent and abate pollution and contamination of waters of the state, to protect public health, 

and permit the management of the groundwaters for the best usage by the citizens of North Carolina. 

APA#: E2101 

SUBJECT: Expansion of existing general permit to include installation of gas and sewer lines 

RULE CITATION #: 15A NCAC 7H .1600 

STATUTORY AUTHORITY: G.S. 113-229(cl); 113A-107(a)(b); 113A-1 13(b); 113A-118.1 

DIVISION/SECTION: COASTAL MANAGEMENT 

DIVISION CONTACT: Bob Stroud 

DIVISION CONTACT TEL#: (910)395-3900 

DATE INITIATED: 10/11/96 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION: Permit simplification. 

SCOPE/NATURE/SUMMARY: The scope of the existing general permit is being expanded to allow approval of the 

installation of pipelines carrying sanitary sewage and natural gas. 



11:15 NORTH CAROLINA REGISTER November 1, 1996 1203 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency 's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of 
a rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register 
under the section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making 
Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: 
G.S. 150B-21.2. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

A Tbtice of Rule-making Proceedings is hereby given by the Environmental Management Commission in accordance with 
1 V G.S. 150B-21.2. The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt as 
a result of this notice of rule-making proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 15A NCAC 2L; 15A NCAC 2L .0115; 15A NCAC 2N; 15A 
NCAC 2P. Other rules may be proposed in the course of the rule-making process. 

Authority for the rule-making: G.S. 143-215. 94V 

Statement of the Subject Matter: The Environmental Management Commission has proposed rulemaking to adopt Title 
15A NCAC 2L .0115 (Risk Based Corrective Action for Petroleum Underground Storage Tanks), amend Title 15A NCAC 2N 
(Underground Storage Tanks), amend Title ISA NCAC 2P (Rules for the Administration of the Leaking Petroleum 
Underground Storage Tank Cleanup Funds) and amend 15A NCAC 2L (Groundwater Classification and Standards). These 
Rules will specify a risk-based approach for the assessment, cleanup of discharges and releases from petroleum underground 
storage tanks. These changes will also specify the conditions under which sites are required to be cleaned-up. The new rule 
and amendments will also establish conditions under which "reasonable and necessary" reimbursements will be made from 
the state 's Commercial and Non-commercial Petroleum Underground Storage Tank Trust Funds. The rule changes are 
necessary in order to fully enact the requirements of the North Carolina General Statute (NCGS) 143-215. 94V and Chapter 
648 of Senate Bill 1317 (1995 {1996 Regular Session} C. 648). The adoption of 15A NCAC 2L .0115 and amendments to 
15A NCAC 2N, 15A NCAC 2P, and ISA NCAC 2L are intended to assure that state trust fund reimbursements are continued 
for sites that pose the greatest risk and to reduce the demand on trust funds for those sites that are not a threat to public 
health or the environment. Final approval of this rulemaking will result in the repeal of Temporary Rule amendments to 15 A 
NCAC 2L .0106(r) and (s) (Risk Determination Rules) that became effective January 2, 1996. 

Reason for Proposed Action: Pursuant to the passage of Senate Bill 1317 on June 21 , 1996, North Carolina General 
Assembly has required that the Environmental Management Commission publish the ". . . text of the proposed risk based rule 
required by G.S. 143-215. 94V(b) as soon as possible and no later than 1 January 1997. " The requirements of NCGS 150B- 
21.2 specifies that a Notice of Rulemaking Proceedings be published in the North Carolina Register at least sixty days prior 
to the publication to proceed with rulemaking as close to this legislative deadline as possible. 

Comment Procedures: All persons interested in these matters are encouraged to submit written comments or questions to 
Ruth Strauss, EHNR-DWQ: Groundwater Section, PO Box 29578, Raleigh, NC 27626-0578, {phone: (919) 733-1330, fax: 
(919) 715-9413}. Comments will be accepted through December 31, 1996. 



1204 NORTH CAROLINA REGISTER November 1, 1996 11:15 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant 
to G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



Rule-making Agency: DHR 

tance 



Division of Medical Assis- 



Rule Citation: 10 NCAC 26G .0707 

Effective Date: November 8, 1996 

Findings Reviewed and approved by Beecher R. Gray 

Authority for the rule-making: 42 C.F.R. Part 455 

Reason for Proposed Action: Medicaid Pays Part B 
Premium for approximately 200,000 dual eligible recipients. 
Medicaid pays the co-insurance and deductible on claims 
filed to Medicare for this category of recipients. Medicare 
pays 80% of the cost of care on this category of recipients. 
Medicaid pays 20% (co-insurance and deductible) on this 
category of recipients. At the present Medicare makes 
recoupments from providers that serve this category of 
recipients using a Disproportionate Stratified Random 
Sampling Technique. Medicaid is unable to recoup the 
(20% co-insurance and deductible) on these claims because 
our present rule states that the "Agency will use a Dispro- 
portionate Stratified Random Sampling Technique in estab- 
lishing provider overpayments only for repeat offenders. " 
When Medicare recoups on dual eligible recipients, first time 
offenders are allowed to keep Medicaid's portion of the 
payment because of the "repeat offender " wording in the 
present rule. This amounts to 20% of the dollar amount 
paid out on behalf of the approximately 200,000 dual 
eligible Part B recipients. The Medicaid Agency pays this 
20% on every claim filed that Medicare has made payment 
on. These payments amounts to millions of dollars. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by December 31 , 1996 
to Portia Rochelle, APA Coordinator, Division of Medical 
Assistance, 1985 Umstead Drive, Raleigh, NC 27603. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26G - PROGRAM INTEGRITY 

SECTION .0700 - ADMINISTRATIVE SANCTIONS 
AND RECOUPMENT 

.0707 TECHNIQUE FOR PROJECTING 
MEDICAID OVERPAYMENTS 

(a) The Medicaid agency will seek restitution of 



overpayments made to providers by the Medicaid program. 

(b) The agency wiU may use a Disproportionate Stratified 
Random Sampling Technique in establishing provider 
overpayments, ov e rpaym e nts only for r e peat off e nders. 

(c) This technique is an extrapolation of a statistical 
sampling of claims used to determine the total overpayment 
for recoupment. 

(d) The provider may challenge the validity of the 
findings in the SAMPLE itself in accordance with the 
provisions found at Rule .0402 and .0403 of this Subchap- 
ter. 

History Note: Authority G.S. 108A-25(b); 108A-54; 

108A-63; 42 C.F.R. Part 455; 

Eff. October 1, 1987; 

Temporary Amendment Eff. November 8± 1996. 

Rule-making Agency: DHR/Division of Medical Assistance 

Rule Citation: 10 NCAC 26H .0212 - .0213 

Effective Date: September 25, 1996 

Findings Reviewed and approved by Julian Mann 111 

Authority for the rule-making: G.S. 108A-25(B); 108A- 
54; 108A-55; 45 C.F.R. 447, Subpart C. 

Reason for Proposed Action: This change is necessary to 
prevent loss of federal funds and to more appropriately pay 
hospitals closer to their cost for providing care to Medicaid 
and uninsured patients. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by December 12, 1996 
to Portia Rochelle, APA Coordinator, Division of Medical 
Assistance, 1985 Umstead Drive, Raleigh, NC 27603. 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0200 - HOSPITAL INPATIENT 
REIMBURSEMENT PLAN 

.0212 EXCEPTIONS TO DRG REIMBURSEMENT 

(a) Covered psychiatric and rehabilitation inpatient 
services provided in either specialty hospitals, Medicare 
recognized distinct part units (DPU), or other beds in 
general acute care hospitals shall be reimbursed on a per 
diem methodology. 

(1) For the purposes of this Section, psychiatric 



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November 1, 1996 



1205 



TEMPORARY RULES 



inpatient services are defined as admissions where 
the primary reason for admission would result in 
the assignment of DRGs in the range 424 through 
432 and 436 through 437. For the purposes of 
this Section, rehabilitation inpatient services are 
defined as admissions where the primary reason 
for admissions would result in the assignment of 
DRG 462. All services provided by specialty 
rehabilitation hospitals are presumed to come 
under this definition. 

(2) When a patient has a medically appropriate trans- 
fer from a medical or surgical bed to a psychiatric 
or rehabilitative distinct part unit within the same 
hospital, or to a specialty hospital the admission 
to the distinct part unit or the specialty hospital 
shall be recognized as a separate service which is 
eligible for reimbursement under the per diem 
methodology. Transfers occurring within general 
hospitals from acute care services to non-DPU 
psychiatric or rehabilitation services are not 
eligible for reimbursement under this Section. 
The entire hospital stay in these instances shall be 
reimbursed under the DRG methodology. 

(3) The per diem rate for psychiatric services is 
established at the lesser of the actual cost trended 
to the rate year or the calculated median rate of 
all hospitals providing psychiatric services as 
derived from the most recent as filed cost reports. 

(4) Hospitals that do not routinely provide psychiatric 
services shall have their rate set at the median 
rate. 

(5) The per diem rate for rehabilitation services is 
established at the lesser of the actual cost trended 
to the rate year or the calculated median rate of 
all hospitals providing rehabilitation services as 
derived from the most recent filed cost reports. 

(6) Rates established under this Paragraph are ad- 
justed for inflation consistent with the methodol- 
ogy under Rule .0211 Subparagraph (d)(5) of this 
Section. 

(b) To assure compliance with the separate upper 
payment limit for State-operated facilities, the hospitals 
operated by the Department of Human Resources and all the 
primary affiliated teaching hospitals for the University of 
North Carolina Medical Schools shall be reimbursed their 
reasonable costs in accordance with the provisions of the 
Medicare Provider Reimbursement Manual. This Manual 
referred to as, (HCFA Publication #15-1) is hereby incorpo- 
rated by reference including any subsequent amendments 
and editions. A copy is available for inspection at the 
Division of Medical Assistance, 1985 Umstead Drive, 
Raleigh, NC. Copies may be obtained from the U.S. 
Department of Commerce, National Technical Information 
Service, Subscription Department, 5285 Port Royal Road, 
Springfield, VA 22161 at a cost of one hundred forty seven 
dollars ($147.00). Purchasing instructions may be received 
by calling (703) 487-4650. Updates are available for an 



additional fee. The Division shall utilize the DRG method- 
ology to make interim payments to providers covered under 
this Paragraph, setting the hospital unit value at a level 
which can best be expected to approximate reasonable cost. 
Interim payments made under the DRG methodology to 
these providers shall be retrospectively settled to reasonable 
cost. 

(c) When the Norplant contraceptive is inserted during an 
inpatient stay the current Medicaid fee schedule amount for 
the Norplant kit shall be paid in addition to DRG reimburse- 
ment. The additional payment for Norplant shall not be 
paid when a cost outlier or day outlier increment is applied 
to the base DRG payment. 

(d) Hospitals operating Medicare approved graduate 
medical education programs shall receive a per diem rate 
adjustment which reflects the reasonable direct and indirect 
costs of operating these programs. The per diem rate 
adjustment shall be calculated in accordance with the 
provisions of Rule .0211 Paragraph (f) of this Section. 

(e) For tho 12 month poriod onding September 30, 1995, 
hospitals licensed — by tho Stato of North Carolina and 
reimbursed under tho DRG m e thodology for more than 50 
percent of M e dioaid inpati e nt discharg e e ohall bo entitled to 
an additional payment in an amount determined by tho 
Director of tho Division of Modical Assistance, subject to 
th e following provisions: Hospitals licensed by the State of 
North Carolina and reimbursed under the DRG methodology 
for more than 50 percent of their Medicaid inpatient 
discharges for the 12-month period ending September 30. 
19% shall be entitled to an additional payment for inpatient 
and outpatient hospital services in an amount determined by 
the Director of the Division of Medical Assistance, subject 
to the following provisions: 

(1) Th e maximum payments authorized by this Para 
graph for publio hospitals that qualify' under tho 
criteria in Part (A) of this Subparagraph shall bo 
calculated by ascertaining tho reasonable cost of 
inpati e nt and outpati e nt hospital Medioaid sor 
vic e s, plus th e r e asonabl e direot and indir e ot oosts 
attributable to Medicaid services of operating 
Medicare approved graduate modical education 
programs, l e ss M e dioaid payments reooived or to 
b e r e c e iv e d for th e s e s e rvic e s. — With r e sp e ot to 
qualifying hospitals that are not publio hospitals 
qualified under Part (A) of this Subparagraph, tho 
maximum paym e nt authoriz e d by this Paragraph 
shall b e oaloulat e d by asc e rtaining 61. 71 p e rc e nt 
of tho unreimbursed reasonable cost calculated by 
use of tho methodology described in tho preceding 
s e nt e no e , not to oxoood in th e aggr e gat e for all 
suoh hospitals fifty on e million seven hundr e d 
thousand dollars ($51,700,000). — For purposes of 
this Subparagraph: To ensure that the payments 
authorized by this Subparagraph for qualified 
public hospitals that q ualify under the criteria in 
Part (A) of this Subparagraph, do not exceed the 
upper limits established by 42 C.F.R. 447.272, 



1206 



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November 1, 1996 



11:15 



TEMPORARY RULES 



the maximum payments authorized for qualified 
public hospitals shall be determined for all such 
qualified public hospitals for the 1 2-month period 
ending September 30. 1996 by calculating the 
"Medicaid Deficit" for each hospital. The Medic- 
aid Deficit shall be calculated by ascertaining the 
reasonable costs of inpatient and outpatient hospi- 
tal Medicaid services: plus the reasonable direct 
and indirect costs attributable to inpatient and 
outpatient Medicaid services of operating Medi- 
care approved graduate medical education pro- 
grams; less Medicaid payments received or to be 
received for these services. For purposes of this 
Subparagraph: 

(A) A qualified public hospital is a hospital that 
meets the other requirements of this Para- 
graph and: 

(i) was owned or operated by a State 
(or by an instrumentality or a unit of 
government within a State) through- 
out the 12-month period ending Sep- 
tember 30, 4994t 1996: 

(ii) indioat e d ito l e gal e ntity states as a 
government unit on the Hospital 
License Renewal Application filed 
with the Division of Faoility S e r 
viooo, North Carolina D e partm e nt of 
Human Resources for the 1995 cal 
ondar year; and verified its status as 
a public hospital by certifying State, 
local, hospital district or authority 
government control on the most 
recent version of Form HCFA-1514 
filed with the Health Care Financing 
Administration, U.S. Department of 
Health and Human Services on or 
before September 23. 1996; and 
(iii) submits to th e Division of M e dioal 
Asoistano e on or befor e S e pt e mb e r 
30^ — 1995 by use of a form -pfe- 
scribod by the Division, a certificate 
of publio e xp e nditur e s to support th e 
non f e d e ral shar e of th e paym e nt it 
shall receive pursuant to this Para 
graph, files with the Division on or 
before September 23. 19% by use of 
a form prescribed by the Division a 
certificate of public expenditures to 
support the non-federal share of the 
payment it shall receive pursuant to 
this Subparagraph. 

(B) Reasonable costs shall be ascertained in 
accordance with the provisions of the 
Medicare Provider Reimbursement Manual . 
This Manual, ref e rr e d to as HCFA Publioa 
tion #15 1, is hereby incorporated by refer 
once including subsequent amendments and 



edition s . — A copy of this Manual is avail 
abl e for inspection at th e Division of Medi 
oal Asoistano e , 19 8 5 Umot e ad Driv e , Ra 
loigh, N G: — Copies may bo obtained from 
the US Department of Commerce, National 
T e ohnioal Information Servioo, Subscription 
D e partment, — 52 8 5 — Pert — Royal — Road, 
Springfield, VA 22161, at a cost of one 
hundred — forty seven — dollars — ($147.00). 
Purchasing instructions may b e r e c e iv e d by 
oalling (703) 4 8 7 4650. Updat e s are avail 
able for an additional foe. Manual as 
defined in Paragraph (b) of this Rule. 
(C) The phrase "Medicaid payments received 
or to be received for these services" shall 
exclude all Medicaid disproportionate share 
hospital payments received or to be re- 
ceived, r e c e iv e d e xc e pt for payments ro 
o e iv e d or to b e r e o e iv e d pursuant to 10 
NCAC 26H .0213(d). 

(2) Should 6 4 .71 percent of the unreimbursed reason 
abl e oost of M e dioaid s e rvio e s for qualifying 
hospitals that are not qualifi e d publio hospitals b e 
determined by the Director of the Division of 
Medical Assistance to exceed the sum of fifty one 

million — s e v e n hundred thousand — dollars 

($51,700,000), th e maximum paym e nt of fifty on e 

million — seven hundred thousand — dollars 

($51,700,000) to such hospitals authorized by this 
Paragraph shall bo prorated among ouoh hospitals 
bas e d on unr e imburs e d r e asonabl e oosts. Quali- 
fied public hospitals shall receive a payment under 
this Paragraph in an amount (including the public 
expenditures certified to the Division by each 
hospital for the non-federal share) not to exceed 
each hospital's Medicaid Deficit. 

(3) Payments authorized by thi s Paragraph shall bo 
mad e on or b e fore S e ptember 30, 1995 sol e ly on 
th e basis of an e stimat e of oosts inourred and 
payments received for Medicaid services during 
tho 12 months ending September 30, 1995. — The 
Dir e otor of the Division of Modioal Asoistanoe 
shall d e t e rmin e th e amount of th e e stimat e d 
payments to bo made by analysis of costs incurred 
and payments received for Medicaid services as 
r e ported on oost r e ports for fisoal y e ars ending in 
1994 fil e d b e fore Sept e mb e r 15, 1995 and suppl e 
roontod by such additional financial information -as 
is available to tho Director when tho estimated 
paym e nts ar e oaloulat e d if and to th e e xt e nt that 
the Dir e otor oonolud e s that suoh additional finan 
cial information is reliable and relevant. Hospi- 
tals licensed by the State of North Carolina and 
reimbursed under the DRG methodology for more 
than 50 percent of their Medicaid inpatient dis- 
charges for the 12-months ending September 30, 
1996 that are not qualified public hospitals as 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1207 



TEMPORARY RULES 



defined in this Paragraph shall be entitled to an 
additional payment under this Subparagraph for 
the Medicaid Deficit calculated in accordance with 
Subparagraph £1} in an amount not to exceed 
64.59 percent of the Medicaid Deficit. 

(4) Sololy to onouro that ootimntod paym e nto pursuant 
to Subparagraph (3) of thio Paragraph do not 
oxcood the hoopital specific and stato aggregate 
upper limito to such paymonta established by 
applioablo federal law and r e gulation, ouoh pay 
monto ohall b e ooot n e ttled ao d e t e rmin e d by an 
independent CPA fumiahed by the provider, based 
on cost reports covering the 12 months ending 
September 30, 1995, and hoopital r e oipi e nto of 
ouoh paym e nto shall promptly r e fund ouch pay ^ 
monts if and to the extent that such payments 
oxcood the applicable upper limit. — No additional 
paymonto ohall bo made in oonnootion with th e 
ooot oottl e m e nt. Payments authorized by this 
Paragraph shall be made solely on the basis of an 
estimate of costs incurred and payments received 
for inpatient and outpatient Medicaid services 
during the \2 months ending September 30, 1996. 
The Director of the Division of Medical Assis- 
tance shall determine the amount of the estimated 
payments to be made by analysis of costs incurred 
and payments received for Medicaid services as 
reported on cost reports for fiscal year ending in 
1995 filed before September 15, 1996 and supple- 
mented by additional financial information avail- 
able to the Director when the estimated payments 
are calculated if and to the extent that the Director 
concludes that the additional financial information 
is reliable and relevant. 

(5) Th e paymonto authoriz e d by thio Paragraph ohall 
bo effective in accordance with G.S. 108A 55(c). 
To ensure that estimated payments pursuant to this 
Paragraph do not exceed the State aggregate upper 
limits to such payments established by applicable 
federal law and regulation (42 C.F.R. 447.272), 
such payments shall be cost settled within 12 
months of receipt of the completed cost report 
covering the 12-month period ending September 
30, 1996. Hospitals that receive payments in 
excess of unreimbursed reasonable costs as de- 
fined in this Paragraph shall promptly refund such 
payments. No additional payments shall be made 
in connection with the cost settlement. 

(6) The payments authorized by this Paragraph shall 
be effective in accordance with G.S. 108A-55(c). 

History Note: Authority G.S. 108A-25(b); 108A-54; 

108A-55; 42 C.F.R. 447, Subpart C; 

Eff. February 1, 1995; 

Filed as a Temporary Amendment Eff. September 15, 1995, 

for a period of 180 days or until the permanent rule becomes 

effective, whichever is sooner; 



Amended Eff. January 1 , 1996; 

Temporary Amendment Eff. September 25, 1996. 

.0213 DISPROPORTIONATE SHARE HOSPITALS 

(a) Hospitals that serve a disproportionate share of 
low-income patients and have a Medicaid inpatient utiliza- 
tion rate of not less than one percent are eligible to receive 
rate adjustments. The cost report data and financial infor- 
mation that is required in order to qualify as a dispropor- 
tionate share hospital effective April 1, 1991 is based on the 
fiscal year ending in 1989 for each hospital, as submitted to 
the Division of Medical Assistance on or before April 1 , 
1991. The cost report data and financial information to 
qualify as a disproportionate share hospital effective July 1, 
1991 is based on the fiscal year ending in 1990 for each 
hospital, as submitted to the Division of Medical Assistance 
on or before September 1, 1991. In subsequent years, 
qualifications effective July 1 of any particular year are 
based on each hospital's fiscal year ending in the preceding 
calendar year. The patient days, costs, revenues, or charges 
related to nursing facility services, swing-bed services, 
home health services, outpatient services, or any other 
service that is not a hospital inpatient service cannot be used 
to qualify for disproportionate share status. A hospital is 
deemed to be a disproportionate share hospital if: 

(1) The hospital has at least two obstetricians with 
staff privileges at the hospital who have agreed to 
provide obstetric services to individuals eligible 
for Medicaid. In the case of a hospital located in 
a rural area, the term obstetrician includes any 
physician with staff privileges at the hospital to 
perform non-emergency obstetric services as of 
December 21, 1987 or to a hospital that predomi- 
nantly serves individuals under 18 years of age; 
and 

(2) The hospital's Medicaid inpatient utilization rate, 
defined as the percentage resulting from dividing 
Medicaid patient days by total patient days, is at 
least one standard deviation above the mean 
Medicaid inpatient utilization rate for all hospitals 
that receive Medicaid payments in the state; or 

(3) The hospital's low income utilization rate exceeds 
25 percent. The low-income utilization rate is the 
sum of: 

(A) The ratio of the sum of Medicaid inpatient 
revenues plus cash subsidies received from 
the State and local governments, divided by 
the hospital's total patient revenues; and 

(B) The ratio of the hospital's gross inpatient 
charges for charity care less the cash subsi- 
dies for inpatient care received from the 
State and local governments divided by the 
hospital's total inpatient charges; or 

(4) The sum of the hospital's Medicaid revenues, bad 
debts allowance net of recoveries, and charity 
care exceeds 20 percent of gross patient revenues; 
or 



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November 1, 1996 



11:15 



TEMPORARY RULES 



(5) The hospital, in ranking of hospitals in the State, 
from most to least in number of Medicaid patient 
days provided, is among the top group that ac- 
counts for 50 percent of the total Medicaid patient 
days provided by all hospitals in the State; or 

(6) It is a Psychiatric hospital operated by the North 
Carolina Department of Human Resources, Divi- 
sion of Mental Health, Developmental Disabili- 
ties, Substance Abuse Services (DMH/DD/SAS) 
or UNC Hospitals operated by the University of 
North Carolina, 

(b) The rate adjustment for a disproportionate share 
hospital is 2.5 percent plus one fourth of one percent for 
each percentage point that a hospital's Medicaid inpatient 
utilization rate exceeds one standard deviation of the mean 
Medicaid inpatient utilization rate in the State. The rate 
adjustment is applied to a hospital's payment rate exclusive 
of any previous disproportionate share adjuotm e nto: adjust- 
ments. 

ft) An additional one time payment for the 12 month 

period ending Juno 30, 1995, in an amount dotor 
min e d by the Dir e otor of th e Division of M e dioal 
Aooiotanoo, may b e paid to th e publio hospital 
having the largest number of Medicaid inpatient 
dayo of all hospitals as determined in Subpara 
graph (a)(5) of this Rul e . — Th e paym e nt limits of 
the — Social — Soourity — Aetr, — Titl e XK, — o e otion 
1923(g)(1)(B) require that when addod to other 
DSH payments, the additional disproportionate 
share paym e nt will not e xoood 200 p e ro e nt of th e 
total oosts of providing inpati e nt and outpati e nt 
services to Medicaid and uninsured patients loss 
all payments received for services provided to 
Medioaid and uninsur e d pati e nts. — This paym e nt 
may — be — doubl e d — in accordanc e w ith — section 
1923(g)(2). — The total of all payments may not 
exceed — the limits on Disproportionate — Share 
Hospital funding as s e t for th e Stat e by HCFA. 

(3) An additional on e tim e paym e nt for th e 12 month 

period ending September 30, 1995, in an amount 
determined by the Director of the Division of 
M e dioal Aosistanoe, may b e paid to th e publio 
hospital having th e larg e st numb e r of Medioaid 
inpatient days of all hospitals as determined in 
S ubparagraph (a)(5) of this Rule, determined 
without r e gard to th e inpati e nt dayo of e ith e r the 
hospital that qualifi e s for disproportionate share 
payments under the provisions of Subparagraph 
(b)(1) of this Rule or the hospitals that qualify for 
paym e nts under 10 NCAC 26H .0212(b). The 
paym e nt limits of th e Sooial S e ourity Aot, Title 
XIX, section 1923(g)(1) applied to this payment 
require that when this payment is addod to other 
DSH paym e nts, the additional disproportionate 
share payment will not e xoood 100 poroont of the 
total costs of providing inpatient and outpatient 
services to Medicaid and uninsured patients loss 



all payments received for services provided to 
, M e dioaid and uninsur e d patients. — Th e total of all 
paym e nts may not exoood the limits on Diopropor 
tionato Share Hospital funding as sot for tho State 
by HCFA. 

(c) f3) An additional one time payment for the 12-month 
period ending September 30, 1995, in an amount determined 
by the Director of the Division of Medical Assistance, may 
be paid to the Public hospitals that are the primary affiliated 
teaching hospitals for the University of North Carolina 
Medical Schools less payments made under authority of 
Paragraph (e) Jd) of this Rule. The payment limits of the 
Social Security Act, Title XDC, Section 1923(g)(1) applied 
to this payment require that when this payment is added to 
other Disproportionate Share Hospital payments, the 
additional disproportionate share payment will not exceed 
100 percent of the total cost of providing inpatient and 
outpatient services to Medicaid and uninsured patients less 
all payments received for services provided to Medicaid and 
uninsured patients. The total of all payments may not 
exceed the limits on DSH funding as set for the State by 
HCFA. 

f4) An additional on e time paym e nt for th e 12 month 

period ending September 30, 1995, in an amount 
determined by tho Director of tho Division of 
M e dioal Assistance, may b e paid to tho hospitals 
that moot tho requir e m e nts of th e Sooial Soourity 
Act Title XIX, Section 1923(c) and that are 
owned or operated by tho Public Hospital Author 
ity organiz e d pursuant to G.S. 131 E 15, that 
owns or op e rat e s hospitals as of September 30, 
1995 with a larger number of Medicaid inpatient 
bod days than any other such Publio Hospital 
Authority. — For qualification und e r this Subpara 
graph, th e r e quir e m e nts of Subparagraphs (a)(1) 
through (6) of this Rule do not apply. — Tho pay 
mont limits of tho Social Security Act, Title XK, 
Sootion 1923(g)(1) applied to this payment require 
that wh e n this paym e nt is added to oth e r Dispro 
portionato Shore Hospital payments, tho additional 
disproportionate share pay mont will not exceed 
100 p e ro e nt of th e total coot of providing inpatient 
and outpatient o e rvio e o to M e dioaid and uninsur e d 
patients loss all payments received for services 
provided to Medicaid and uninsured pationts, 
e xo e pt that any paym e nts that may hav e b ee n 
mad e und e r Subparagraph (b)(1) of thio Rule to 
any hospital qualified for payment under this 
Subparagraph shall bo divided by two for calculat 
ing paym e nts r e c e iv e d. The total of all paym e nts 
may not oxoood th e limits on Disproportionat e 
Share Hospital funding as sot for tho State by 
HCFA. 

(5) Th e paym e nts authorized by Subparagraphs (1) 

and (4) of this Paragraph shall bo effeotivo in 
accordance with G.S. 10 8 A 55(c). 

(d) fa) Effective July 1, 1994, hospitals eligible under 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1209 



TEMPORARY RULES 



Subparagraph (a)(6) of this Rule shall be eligible for 
disproportionate share payments, in addition to other 
payments made under the North Carolina Medicaid Hospital 
reimbursement methodology, from a disproportionate share 
pool under the circumstances specified in Subparagraphs (1), 
(2) and (3) of this Paragraph. 

(1) An eligible hospital will receive a monthly dispro- 
portionate share payment based on the monthly 
bed days of services to low income persons of 
each hospital divided by the total monthly bed 
days of services to low income persons of all 
hospitals items allocated funds. 

(2) This payment shall be Ln addition to the dispro- 
portionate share payments made in accordance 
with Subparagraphs (a)(1) through (5) of this 
Rule. However, DMH/DD/SAS operated hospi- 
tals are not required to qualify under the require- 
ments of Subparagraphs (a)(1) through (5) of this 
Rule. 

(3) The amount of allocated funds shall be determined 
by the Director of the Division of Medical Assis- 
tance, but not to exceed the quarterly grant award 
of funds (plus appropriate non-federal match) 
earmarked for disproportionate share hospital 
payments less payments made under Subpara- 
graphs (a)(1) through (5) divided by three. 

In Subparagraph (e) (d)(1) of this Rule, bed days 
of services to low income persons is defined as 
the number of bed days provided to individuals 
that have been determined by the hospital as 
patients that do not possess the financial resources 
to pay portions or all charges associated with care 
provided. 

Low income persons include those persons that 
have been determined eligible for medical assis- 
tance. The count of bed days used to determine 
payment is based upon the month immediately 
prior to the month that payments are made. 
Disproportionate share payments to hospitals are 
limited in accordance with The Social Security 
Act as amended, Title XTX section 1923 (g), limit 
on amount of payment to hospitals. 
(e) (d) Eff e ctiv e January 1, 1995 (s ee Subparagraph (6) 
of this Paragraph) and subjoct to tho availability of funds, 
hospitals that qualify' as disproportionate share hospitals 
und e r Subparagraphs (a)(1) through (5) of thin Rul e and that 
also op e mt e M e dioar e approv e d graduat e m e dioal e duoation 
programs — shall — be — eligible — fef — disproportionate — share 
payments for hospital inpatient services in addition to other 
paym e nts mad e und e r th e North Carolina M e dioaid Hospital 
DRG r e imbursem e nt m e thodology from a disproportionat e 
share pool under tho circumstancos specified in Subpara 
graphs (1) and (2) of this Paragraph: Subject to the avail- 
ability of funds, hospitals that: qualify as disproportionate 
share hospitals under Subparagraphs (a)(1) through (5) of 
this Rule for the fiscal years ended September 30, 1995 and 
September 30, 1996; operate Medicare a pproved graduate 



medical education programs for the fiscal years ended 
September 30, 1995 and September 30, 1996: and incur for 
the 12-month period ending September 30. 1996 
unreimbursed costs (calculated without regard to payments 
under either this Paragraph or Paragraph (f) of this Rule) 
for providing inpatient and outpatient services to uninsured 
patients in an amount in excess of two million five hundred 
thousand dollars ($2,500,000) shall be eligible for dispro- 
portionate share payments for such services from a dispro- 
portionate share pool under the circumstances specified in 
Subparagraphs (1) through (7) of this Paragraph. 

(1) Qualifications effective January 1, 1995 through 
September 30, 1995 are baaed on cost report data 
and finanoial — information for th e fiscal y e ar 
e nding in 1993 as submitt e d to th e Division of 
Medical Assistance on or before September 1, 
199 4 . — Qualifications for tho 12 month period 
b e ginning Ootob e r 1, 1995 and subsequent 12 
month p e riods b e ginning Octob e r 1 of oaoh year, 
shall bo based on cost report data and finanoial 
information for tho fiscal yoar ending in tho 
pr e o e ding cal e ndar year, — as submitt e d to -the 
Division of M e dioal — Aooiotanoo — on or boforo 
September 1 immediately preceding tho 12 month 
period beginning October 1 for which eligibility is 
b e ing d e termin e d. Qualification for the 12 month 
period ending September 30, 1996 shall be based 
on cost report data and uninsured patient data 
certified to the Division by hospitals on or before 
September 23, 1996 for fiscal years ending in 
1995, in connection with the disproportionate 
share hospital application process. Qualification 
for subsequent 12 month periods ending Septem- 
ber 30 of each year shall be based on cost report 
data and uninsured patient data certified to the 
Division by hospitals on or before September 1 of 
each subsequent year, for the fiscal year ending in 
the preceding calendar year. 

(2) Additional paym e nts for th e p e riod from January 
1, 1995 through September 30, 1995 shall bo 
made baaed on hospital cost per case mix index 
adjusted discharg e , an established by Exhibit 5.1 
oontain e d — in th e r e port e ntitled — "DRG Based 
Prospective Payment Methodology for Inpatient 
Services" dated January 25, 1995 prepared by 
My e rs and Stauff e r, Chart e r e d C e rtifi e d Public 
Aooountants, for th e North Carolina Division of 
Medical Assistance and arranged from low to high 
as specified in Parts (A) and (B) of this Subpara 
graph: Any payments made pursuant to this 
Paragraph shall be calculated and paid no less 
frequently than annually, and prior to the calcula- 
tion and payment of any disproportionate share 
payments pursuant to Paragraph (f) of this Rule. 
fA) Hospitals with a oaloulatod cost p e r eas e 

mix index adjusted discharge cost of throe 
thousand one hundred — fifty six dollars 



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11:15 



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($3,156) or loss ohall bo entitled to an 
additional payment in an amount that wh e n 
ad ded to other M e dicaid paym e nts may not 
exceed 100% of allowable Medicaid costs, 
as determined by the Medicare principles 
of ooot r e imburs e m e nt; 

(B) Hospitals with a oaloulat e d ooot p e r oaoo 

ffiBt- indox adjusted discharge cost of more 
than throe thousand one hundred fifty six 
dollars ($3,156) shall be e ntitl e d to addi 
tional paym e nts in an amount that wh e n 
added to other Medicaid payments may not 
oxoood 8 5% of allowable Medicaid costs, 
as determin e d by M e dioar e principl e s of 
ooot reimburs e m e nt. 
(3) Additional payments for the 12 month period 
beginning October 1, 1995 and for each subso 
quont 12 month p e riod shall bo d e t e rmin e d -as 
opooifiod in Parto (A), (B) and (C) of this Sub 
paragraph: For the 12 month period ending 
September 30, 1996 a payment shall be made to 
each qualified hospital in an amount determined 
by the Director of the Division of Medical Assis- 
tance based on a percentage (not to exceed a 
maximum of 23 percent) of the unreimbursed 
costs incurred by each qualified hospital for 
inpatient and outpatient services provided to 
uninsured patients. 

(A) The calculated cost per case mix indox 

adjust e d diooharg e amount of thre e thou 
sand one hundr e d fifty six ($3,156) shall b e 
updated annually by the National Hospital 
Market Basket Indox and the most recent 
actual and proj e ot e d oost data availabl e 
from th e North Carolina Qffio e of Stat e 
Budget and Management; 

(B) Each hospital's cost per case mix indox 

adjusted diooharg e shall b e asc e rtain e d by 
analysis of oharg e o for M e dioaid inpati e nt 
claims reimbursed under the DRG method 
ology and paid during the immediate ly- 
pr e o e ding oal e ndor y e ar, multipli e d by e aoh 
hospital's ratio of oost to oharg e o d e riv e d 
from cost report data and financial inform a- 
tion for tho fiscal yoar of each hospital 
e nding in th e pr e o e ding oal e ndar y e ar, as 
submitt e d to th e Division of M e dioal Asois 
tanco on or boforo tho first day of Soptom 
bor immediat e ly preceding tho 12 month 
period b e ginning — Ootob e r — I — for whioh 
e ligibility is being d e t e rmin e d; and 

(€) Hospitals with a case mix indox adjusted 

discharge cost equal to or loss than three 
thousand on e hundred fifty six ($3,156) 
plus any annual updat e d amount shall b e 
entitled to an additional payment in an 
amount that whon added to other Medicaid 



payments may not exceed 100% of allow 
abl e M e dioaid oooto, ao d e termin e d by t he 
M e dioaro prinoipl e o of ooot reimburs e ment; 
hospitals with calculated costs per case mix 
indox adjusted discharge greater than three 
thousand one hundr e d fifty six ($3,156) 
plus any annual updat e d amount ohall bo 
entitled — te — additional — payments — m — an 
amount that whon added to othor Medioaid 
paym e nt does not e xo ee d 8 5 % of allowable 
M e dioaid oooto, as det e rmin e d by Modioaro 
principles of cost reimbursement. 

(4) Paymonts shall bo made on on estimated basis no 
loos frequently than quarterly during th e p e riod 
for whioh ouoh paym e nto are to bo made. — Eeti 
mated paymonts shall bo based on coots incurred 
and paymonts received for Medicaid inpatient 
DRG o e rviooo during th e most r e oent fiscal yoar 
for whioh th e Division of M e dioal AooioUinoo hao 
a completed cost roport. — Estimated paymonts 
made to each hospital shall bo cost settled as 
d e t e rmin e d by an ind e pendent CPA furniohod by 
th e provid e r, bas e d on ooot r e ports for th e p e riod 
for which payments are made, and appropriate 
adjustments shall bo made to assuro that such 
paym e nto do not e xoood tho hospital's n e t ooot of 
providing s e rvio e s — to Medioaid pati e nts. In 
subsequent 12 month periods ending September 
30th of each year, the percentage payment shall 
be ascertained and established by the Division by 
ascertaining funds available for payments pursuant 
to this Paragraph divided by the total 
unreimbursed costs of all hospitals that qualify for 
payments under this Paragraph for providing 
inpatient and outpatient services to uninsured 
patients. 

(5) Paymonts may not exceed tho amount of funds 
available as d e t e rmin e d by th e Dir e otor of th e 
Division of M e dioal Assistanc e . — Should availabl e 
funds bo insufficient to pay in full tho authorized 
paymonts, tho Division of Medical Assistance 
shall aooertain maximum paymento allowabl e and 
the funds availabl e to qualifying hospitals shall b e 
prorated on that basis. The payment limits of the 
Social Security Act, Title XIX, section 1923(g)(1) 
applied to the payments authorized by this Para- 
graph require that when this payment is added to 
other disproportionate share hospital payments, 
the total disproportionate share payments shall not 
exceed 100 percent of the total costs of providing 
inpatient and outpatient services to Medicaid and 
uninsured patients for the fiscal year in which 
such payments are made, less all payments re- 
ceived for services to Medicaid and uninsured 
patients. The total of all disproportionate share 
hospital payments shall not exceed the limits on 
disproportionate share hospital funding as estab- 



11:15 



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1211 



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lished for this State by HCFA. 

(6) The ohangoo to dieproportionat e oharo paymonto 
authorized bj f thio Paragraph aro in accordanc e 
with G.S. 10 8 A 55(c). To ensure that payments 
pursuant to Paragraph (e) do not exceed the State 
aggregate upper limits to such payments estab- 
lished by applicable federal law and regulation (42 
C.F.R. 447.272), such payments shall be cost 
settled within 12 months of receipt of the com- 
pleted cost report covering the period for which 
such payments are made. If any hospital receives 
payments, pursuant to this Subparagraph in excess 
of the percentage established by the Director 
under Subparagraph (d)(3) of this Rule, ascer- 
tained without regard to other disproportionate 
share hospital payments that may have been 
received for services during the 12-month period 
ending September 30. 1996, such excess payments 
shall promptly be refunded to the Division. No 
additional payment shall be made to qualified 
hospitals in connection with the cost settlement. 

(7) The payments authorized by Subparagraph (6) 
shall be effective in accordance with G.S. 108A- 
55(c). 

£fj An additional one-time disproportionate share hospital 
payment during the 12-month period ending September 30, 
19% (subject to the availability of funds and to the payment 
limits specified in this Paragraph) shall be paid to qualified 
public hospitals. For purposes of this Paragraph, a qualified 
public hospital is a hospital that qualifies for disproportion- 
ate share hospital status under Subparagraphs (a)(1) through 
(5) of this Rule; does not qualify for disproportionate share 
hospital status under Subparagraph (a)(6) of this Rule; was 
owned or operated by a State (or by an instrumentality or a 
unit of government within a State) throughout the 12-month 
period ending September 30,1996; verified its status as a 
public hospital by certifying state, local, hospital district or 
authority government control on the most recent version of 
Form HCFA-1514 filed with the Health Care Financing 
Administration, U.S. Department of Health and Human 
Services on or before September 23. 1996; files with the 
Division on or before September 23, 1996 by use of a form 
prescribed by the Division a certification of its unreimbursed 
charges for inpatient and outpatient services provided to 
uninsured patients during the fiscal year ending in 1995; and 
submits to the Division on or before September 23, 1996 by 
use of a form prescribed by the Division a certificate of 
public expenditures. 

(1) The payment to qualified public hospitals pursuant 
to this Paragraph for the 12-month period ending 
September 30, 1996 shall be based on and shall 
not exceed the unreimbursed charges certified to 
the Division by each such hospital by use of a 
form prescribed by the Division for inpatient and 
outpatient services provided to uninsured patients 
for the fiscal year ending in 1995, to be converted 
by the Division to unreimbursed cost by multiply- 



ing unreimbursed charges times the cost-to-charge 
ratio established by the Division for each hospital 
for the fiscal year ending in 1995. Payments 
authorized by this Paragraph shall be made no 
less frequently than annually. 

(2) Any payments pursuant to this Paragraph shall be 
ascertained and paid after any disproportionate 
share hospital payments that may have been or 
may be paid by the Division pursuant to Para- 
graph (d) of this Rule. 

(3) The payment limits of the Social Security Act, 
Title XTX, Section 1923 (g)(1) applied to this 
payment require that when this payment is added 
to other disproportionate share hospital payments, 
the total disproportionate share hospital payments 
will not exceed 100 percent of the total costs of 
providing inpatient and outpatient services to 
Medicaid and uninsured patients for the fiscal 
year in which such payments are made, less all 
payments received for services to Medicaid and 
uninsured patients for that year. The total of all 
DSH payments by the Division may not exceed 
the limits on disproportionate share hospital 
funding as established for this State by HCFA for 
the fiscal year in which such payments are made. 

(4) To ensure that estimated payments pursuant to 
Paragraph (f) do not exceed the State aggregate 
upper limits to such payments established by 
applicable federal law and regulation (42 C.F.R. 
447.272), such payments shall be cost settled 
within 12 months of receipt of the completed cost 
report covering the 12 month period for which 
such payments are made. No additional payments 
shall be made in connection with the cost settle- 
ment. 

(5) The payments authorized by Paragraph (f) of this 
Rule shall be effective in accordance with G.S. 
108A-55(c). 

History Note: Authority G.S. 108A-25(b); 108A-54; 

108A-55; 42 C.F.R. 447, Subpart C; 

Eff. February 1, 1995; 

Amended Eff. July 1, 1995; 

Filed as a Temporary Amendment Eff. September 15, 1995, 

for a period of 180 days or until the permanent rule becomes 

effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. September 29, 1995, 

for a period of 180 days or until the permanent rule becomes 

effective, whichever is sooner; 

Amended Eff. January 1, 1996; 

Temporary Amendment Eff. September 25, 1996. 



TITLE 11 - DEPARTMENT OF INSURANCE 

Rule-making Agency: NC Department of Insurance INC 
Home Inspector Licensure Board 



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11:15 



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Rule Citation: 

.7207 -.7209 



77 NCAC8 .1001 - .1011, .1101 - .1116, 



Effective Date: October 24, 1996 

Findings Reviewed and Objected to by Julian Mann: 

Statement does not provide sufficient clarity on issue of 
serious and unforeseen threat or recent enactment of General 
Assembly. G.S. 150B-21. 1(a)(1) and (a)(2). Agency 
declined to provide additional findings or new statement. 
Codifier entered rule into the NCAC as provided in G.S. 
150B-21.1(b). 

Authority for the rule-making: G.S. 143-151.48 

Reason for Proposed Action: To establish licensing 
procedures, standards of practice, and a code of ethics for 
home inspectors as required by law. 

Comment Procedures: Written comments may be sent to 
Grover Sawyer, N.C. Department of Insurance , Engineering 
Division, PO Box 26387, Raleigh, NC 27611. 

CHAPTER 8 - ENGINEERING AND BUILDING 
CODES 



Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

.1003 PERSONS AND PRACTICES NOT 
AFFECTED 

(a) In addition to persons and practices described in G.S. 
143-151.62. persons who perform inspections on a single 
component of a house are not required to be licensed as 
long as they do not represent themselves as home inspec- 
tors. Such persons include chimney sweeps, radon inspec- 
tors, heating and cooling maintenance technicians, and 
moisture intrusion inspectors. 

(b) Professional engineers and architects do not need 
home inspector licenses to make on site inspections of 
residential buildings for which they are preparing plans, 
designs, or specifications. General contractors do not need 
home inspector licenses when they inspect a house as part 
of preparing an estimate for construction, remodeling, or 
repairs. 

History Note: Authority G.S. 143-151. 49(a)(13); 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 



SECTION .1000 - N.C. HOME INSPECTOR 
LICENSURE BOARD 

.1001 OFFICERS 

The term of each officer shall be one year. Officers shall 
serve until a successor is elected and installed. Officers 
shall be eligible for re-election. 

History Note: Authority G.S. 143-151. 48(a); 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1002 MEETINGS 

(a) Regular Meetings. The date, time, and location of the 
Board meetings shall be listed with the Secretary of State's 
office. The chairman shall give written notice of the exact 
meeting place to each member no later than two weeks 
before the meeting. The chairman may reschedule a regular 
meeting by giving written notice to all members no later 
than two weeks before when the scheduled meeting would 
normally be held. 

£b) Special Meetings. Written notice of any special 
meetings shall be given to all members of the Board at least 
two weeks before the time of the meeting, setting forth the 
time, date, and place of the meeting and the purpose for 
which it shall be held. In the event of an emergency, the 
notice period may be shortened as long as every member is 
notified before the meeting. 

History Note: Authority G.S. 143-15 1.48(b); 



.1004 EQUIVALENT EXPERIENCE 

(a) The Board shall consider e quivalent experience of 
applicants who do not meet the experience requirements of 
G.S. 143-151.51(5) or G.S. 143-151.61. Any one of the 
following descriptions of experience is considered sufficient 
to meet the equivalent experience requirements: 

(1) A bachelor of science degree from any accredited 
engineering, architecture or building technology 
school and two years experience working in 
building design, construction, or inspection of 
building, electrical, mechanical, and plumbing 
systems. 

(2) A two year Associate of Applied Science degree 
from an accredited community college or technical 
school in building technology, civil engineering, 
electrical engineering, mechanical engineering, or 
architecture; and either four years of design 
experience in building, electrical, mechanical, and 
plumbing systems, or four years experience as an 
employee under the direct supervision of a IN 
censed general (residential or building) contractor 
who supervises electrical, mechanical, and plumb- 
ing subcontractors. 

(3) Six years experience as an employee under the 
direct supervision of a licensed general contractor 
(residential or building) performing building 
construction and who supervises electrical, me- 
chanical, and plumbing subcontractors. 

(4) Certification by the North Carolina Code Officials 
Qualification Board as a Code Enforcement 
Official with Standard Level I {or higher) inspec- 



11:15 



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November 1, 1996 



1213 



TEMPORARY RULES 



tion certification in four areas: building, electri- 
cal, mechanical, and plumbing. 

(5) Any combination of certification listed in Para- 
graph (a)(4) of this Rule and a license as an 
electrical contractor (limited or greater) issued by 
the N.C. Board of Electrical Examiners, or a 
license as a heating or cooling contractor (HI. 
H2, or H3). or a plumbing contractor issued by 
the N.C. Board of Examiners of Plumbing, 
Heating and Fire Sprinkler Contractors, resulting 
in either a certificate or a license in four areas in 
building, electrical, mechanical, and plumbing 
contracting or inspections. 

(6) For the purpose of G.S. 143-151. 5U5)a, the 
number of completed home inspections for com- 
pensation before October l± 1996, as a home 
inspector may be included. 

(b) Applicants may submit other experience in the 
design, installation, or inspection of buildings and electrical, 
mechanical, and plumbing systems. The Board's Applica- 
tion Evaluation Committee shall consider such experience on 
a case-by-case basis. 

(c) Graduation in a home inspection course from a 
training institute or correspondence school is not sufficient 
to meet the equivalent experience alone. However, such 
courses should be listed along with other experience. 

History Note: Authority G.S. 143-151. 49(a)(13); 
143-15 1.5 l(5)b; 

Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1005 RECIPROCITY 

If an applicant is licensed as a home inspector in another 
state that has laws and rules that are similar to G.S. 143, 
Article 9F and to the rules of the Board, the Board shall 
accept that license as evidence of experience. However, the 
applicant shall satisfactorily complete the Board's written 
examination and other licensing requirements before the 
Board shall issue the applicant a license. 

History Note: Authority G.S. 143-151. 49(a)(13); 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1006 NET ASSETS OR SURETY BOND 

To be licensed as a home inspector, an applicant must 
provide proof to the Board that he or she has personal net 
assets of five thousand dollars ($5,000) or more. In the 
alternative, the applicant may provide the Board with a 
surety bond in the amount of five thousand dollars ($5,000) 
or more. The bond shall be written by a surety company 
authorized by the Commissioner of Insurance to do business 
in this State. 



History Note: Authority G.S. 143-151.51(3); 
143-151. 49(a)(13); 

Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1007 EXAMINATION 

An applicant must satisfactorily pass an examination 
administered by the Board. The examination shall be 
administered at least twice each year. The applicant must 
answer 70% of the questions correctly to receive a passing 
grade. The examination shall include questions about the 
rules of the Board, G.S. 143, Article 9F inspections of the 
building structures and their components, and electrical, 
mechanical, and plumbing systems and appliances. 

History Note: Authority G.S. 143-151. 49(a)(13); 
143-151.51(2); 143-151.42(2); 

Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1008 APPLICATIONS FOR LICENSES 

Persons may obtain license applications from the Board 
after they p ay the appropriate fee. Applicants shall return 
a completed application form and any su pporting documen- 
tation to the Board at least 30 days before the next sched- 
uled examination. The Board shall notify applicants of the 
times, dates, and locations of examinations. If available 
space is not sufficient for the number of applicants, addi- 
tional examinations shall be scheduled. 

History Note: Authority G.S. 143-151.49; 143-151.51; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 



.1009 DISPLAY OF LICENSE 

Home inspectors shall display their licenses at their places 
of business. If a home inspector works out of his or her 
home, the inspector shall keep the license on file in the 
home. 



History Note: Authority G.S. 143-151.49; 143-151.54; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

.1010 APPEALS 

The initial evaluations of license applications shall be 
made by the Board's staff. Any applicant wishing to appeal 
the staffs decision may make a written request for a review 
to the Board's Application Evaluation Committee. The 
applicant may request a hearing if aggrieved by the Commit- 
tee's decision. 

History Note: Authority G.S. 143-151. 49(a)(13); 



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11:15 



TEMPORARY RULES 



143-15 1.56(b); 

Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1011 FEE SCHEDULE 

(a) The following fees apply to the licensure of home 
inspectors: 

Application for Home Inspector 

License J 25.00 

Application for Associate Home 

Inspector License $ 15.00 

Home Inspector Examination J 75.00 

Associate Home Inspector Examination $ 75.00 

Initial Issuance of Home Inspector 

License 

Initial Issuance of Associate Home 



uses ducts to distribute cooled and/or dehumidi 



Inspector License 

Annual Renewal of Home Inspector 

License 

Annual Renewal of Associate 

Home Inspector License 

Late Renewal Penalty Fee : Home 

Inspector License 

Late Renewal Penalty Fee ; 



$150.00 
$100.00 
$150.00 
$100.00 
$_ 25.00 
$_ 15.00 



5.00 



Associate Home Inspector License 
Copies of Board Rules and License 
Standards 

(b) The home inspector and the associate home inspector 
initial issuance license fees are due after successful comple- 
tion of the examination. The Board shall not issue a license 
until it receives the appropriate fee. The license shall be 
valid from the date of issue until the following September 

3a 

(c) An a pplicant who fails the examination may rea pply 
for another examination without payment of another applica- 
tion fee. However, the applicant shall pay the examination 
fee for the examination. 

History Note: Authority G.S 143-151.49; 143-151.55; 

143-151.57; 

Codifier determined that agency findings did not meet 

criteria for temporary rule Eff. October 15, 1996; 

Temporary Adoption Eff. October 24, 1996. 



SECTION .1100 - N.C. HOME INSPECTOR 
STANDARDS OF PRACTICE 

.1101 DEFINITIONS 

The following definitions apply to this Section: 

(1) "Automatic safety controls" means devices de- 
signed and installed to protect systems and com- 
ponents from excessively high or low pressures 
and temperatures, excessive electrical current, 
loss of water, loss of ignition, fuel leaks, fire, 
freezing, or other unsafe conditions. 

(2) "Central air conditioning" means a system that 



fied air to more than one room or uses pipes to 
distribute chilled water to heat exchangers in more 
than one room, and that is not plugged into an 
electrical convenience outlet. 

(3) "Component" means a readily accessible and 
observable aspect of a system, such as a floor, or 
wall, but not individual pieces such as boards or 
nails where many similar pieces make up the 
component. 

(4) "Cross connection" means any physical connec- 
tion or arrangement between potable water and 
any source of contamination. 

(5) "Dangerous or adverse situations" means situa- 
tions that pose a threat of injury to the inspector. 
or those situations that require the use of special 
protective clothing or safety equipment. 

(6) "Describe" means report in writing a system or 
component by its type, or other observed charac- 
teristics, to distinguish it from other components 
used for the same purpose. 

(7) "Dismantle" means to take apart or remove any 
component, device or piece of equipment that is 
bolted, screwed, or fastened by other means and 
that would not be dismantled by a homeowner in 
the course of normal household maintenance 

(8) "Enter" means to go into an area to observe all 
visible components. 

(9) "Functional drainage" means a drain is functional 
when it empties in a reasonable amount of time 
and does not overflow when another fixture is 
drained simultaneously. 

(10) "Functional flow" means a reasonable flow at the 
highest fixture in a dwelling when another fixture 
is operated simultaneously. 
"Installed" means attached or connected such that 
the installed item requires tools for removal. 
"Normal operating controls" means homeowner 
operated devices such as a thermostat, wall 
switch, or safety switch. 

"Observe" means the act of making a visual 
examination. 



an 

(12) 

(13) 
(14) 

(15) 
(16) 
(17) 



"On-site water su pply quality" means water 
quality is based on the bacterial, chemical, min- 
eral, and solids content of the water. 
"On-site water supply quantity" means water 
quantity is the rate of flow of water. 
"Operate" means to cause systems or equipment 
to function. 

"Readily openable access panel" means a panel 
provided for homeowner inspection and mainte- 
nance that has removable or operable fasteners or 
latch devices in order to be lifted off, swung 
open, or otherwise removed by one person: and 
its edges and fasteners are not painted in place. 
This definition is limited to those panels within 
normal reach or from a four-foot stepladder. and 



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1215 



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that are not blocked by stored items, furniture, or 
building components. 

(18) "Representative number" means for multiple 
identical components such as windows and electri- 
cal outlets z one such component per room. For 
multiple identical exterior components - one such 
component on each side of the building. 

(19) "Roof drainage systems" means gutters, 
downspouts, leaders, splashblocks, and similar 
components used to carry water off a roof and 
away from a building. 

(20) "Shut down" means a piece of equipment or a 
system is shut down when it cannot be operated 
by the device or control that a home owner should 
normally use to operate it. If its safety switch or 
circuit breaker is in the "off position, or its fuse 
is missing or blown, the inspector is not required 
to reestablish the circuit for the purpose of operat- 
ing the equipment or system. 

(21) "Solid fuel heating device" means any wood, 
coal, or other similar organic fuel burning device, 
including but not limited to fireplaces whether 
masonry or factory built, fireplace inserts and 
stoves, woodstoves (room heaters), central fur- 
naces, and combinations of these devices. 

(22) "Structural component" means a component that 
supports non-variable forces or weights (dead 
loads) and variable forces or weights (live loads). 

(23) "System" means a combination of interacting or 
interdependent components, assembled to carry 
out one or more functions. 

(24) "Technically exhaustive" means an inspection 
involving the extensive use of measurements- 
instruments, testing, calculations, and other means 
to develop scientific or engineering findings, 
conclusions, and recommendations. 

(25) "Underfloor crawl space" means the area within 
the confines of the foundation and between the 
ground and the underside of the lowest floor 
structural component. 

History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 



.1102 STANDARDS OF PRACTICE 

This Section sets forth the minimum standards of practice 
required of licensed home inspectors and licensed associate 
home inspectors. In this Section, the term "home inspec- 
tors" means both licensed home inspectors and licensed 
associate home inspectors. 



Temporary Adoption Eff. October 24. 1996. 

. 1 103 PURPOSE AND SCOPE 

(a) Home inspections performed according to this Section 
shall provide the client with a better understanding of the 
property conditions, as observed at the time of the home 
inspection. 

(b) Home inspectors shall: 

(1) Provide a written, signed contract that shall: 

(A) State that the home inspection is in accor- 
dance with this Section of the North Caro- 
lina Home Inspector Licensure Board; 

(B) Describe what services shall be provided 
and their cost; and 

(C) State, when an inspection is for only one or 
a limited number of systems or compo- 
nents, that the inspection is limited to only 
those systems or components; 

(2) Observe readily visible and accessible installed 
systems and components listed in this Section; and 

(3) Submit a written report to the client that shall: 

(A) Describe those systems and components 
specified to be described in Rules .1 106 
through .11 15 of this Section: 

(B) State which systems and components desig- 
nated for inspection in this Section have 
been inspected, and state any systems or 
components designated for inspection that 
were not inspected, and the reason for not 
inspecting; 

(C) State any systems or components so in- 
spected that do not function as intended, 
allowing for normal wear and tear, or 
adversely affect the habitability of the 
dwelling; and 

(D) State the name, license number, and signa- 
ture of the person supervising the inspec- 
tion and the name, license number, and 
signature of the person conducting the 
inspection. 

(c) This Section does not limit home inspectors from: 

( 1) Reporting observations and conditions or render- 
ing opinions of items in addition to those required 
in Paragraph (b) of this Rule; or 

(2) Excluding systems and components from the 
inspection if requested by the client, and so stated 
in the written contract. 

History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 



History Note: Authority G.S. 143-151. 49(a)(2); 
143-151. 49(a)(13); 

Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 



.1104 GENERAL LIMITATIONS 

(a) Inspections done in accordance with this Section are 
visual and are not technically exhaustive. 

(b) This Section applies to buildings with four or less 



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dwelling units, and individually owned residential units 
within multi-family buildings, and their attached garages or 
carports. 

History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

.1105 GENERAL EXCLUSIONS 

(a) Home inspectors are not required to report on: 

(1) Life expectancy of any component or system; 

(2) The causes of the need for a repair; 

(3) The methods, materials, and costs of corrections; 

(4) The suitability of the property for any specialized 
use; 

(5) Compliance or non-compliance with codes, ordi- 
nances, statutes, regulatory requirements or 



restrictions; 



£6) 



m 

m 
m 

£10} 






The market value of the property or its market- 
ability; 

The advisability or inadvisability of purchase of 
the property; 

Any component or system that was not observed; 
The presence or absence of pests such as wood 
damaging organisms, rodents, or insects; or 
Cosmetic items, underground items, or items not 
permanently installed. 
(b) Home inspectors are not required to: 
(1) Offer or perform any act or service contrary to 
law; 

Offer warranties or guarantees of any kind; 
Offer or perform engineering, architectural, 
plumbing, electrical or any other job function 
requiring an occupational license in the jurisdic- 
tion where the inspection is taking place, unless 
the home inspector holds a valid occupational 
license, in which case the home inspector may 
inform the client that the home inspector is so 
licensed, and is therefore qualified to go beyond 
this Section and perform additional inspections 
beyond those within the scope of the basic inspec- 
tion; 

(4) Calculate the strength, adequacy, or efficiency of 
any system or component: 

(5) Enter any area or perform any procedure that may 
damage the property or its components or be 
dangerous to the home inspector or other persons: 

(6) Operate any system or component that is shut 
down or otherwise inoperable; 

(7) Operate any system or component that does not 
respond to normal operating controls: 

(8) Disturb insulation, move personal items, panels, 
furniture, equipment, plant life, soil, snow, ice. 
or debris that obstructs access or visibility; 

(9) Determine the presence or absence of any sus- 
pected adverse environmental condition or hazard- 



(10) 



an 

(12) 
(13) 

(14) 



pus substance, including but not limited to toxins, 
carcinogens, noise, contaminants in the building 
or in soil, water, and air; 

Determine the effectiveness of any system in- 
stalled to control or remove suspected hazardous 
substances; 

Predict future condition, including but not limited 
to failure of components; 
Project operating costs of components; 
Evaluate acoustical characteristics of any system 
or component; or 

Observe special equipment or accessories that are 
not listed as components to be observed in this 
Section. 



History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

.1106 STRUCTURAL COMPONENTS 

(a) The home inspector shall observe structural compo- 
nents including: 

(1) Foundation: 

(2) Floors: 
£3} Walls; 

(4) Columns or piers; 

(5) Ceilings: and 
{6} Roofs. 

(b) The home inspecto r shall describe the type of: 
(1) Foundation: 

Floor structure; 



£2} 
£3J 
£4} 
£5) 
£6} 



Wall structure; 
Columns or piers; 
Ceiling structure; and 
Roof structure. 



(c) The home inspector shall: 

(1) Probe structural components where deterioration 
is suspected, except where probing would damage 
any surface: 

(2) Enter underfloor crawl spaces, basements, and 
attic spaces except when access is obstructed, 
when entry could damage the property, or when 
dangerous or adverse situations are suspected; 

(3) Report the methods used to observe underfloor 
crawl spaces and attics; and 

(4) Report signs of abnormal or harmful water pene- 
tration into the building or signs of abnormal or 
harmful condensation on building components. 

History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

.1107 EXTERIOR 

(a) The home inspector shall observe: 



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1217 



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(1) Wall cladding, flashings, and trim; 

(2) Entryway doors and a representative number of 
windows; 

(3) Garage door operators; 

(4) Decks, balconies, stoops, steps, areaways, 
porches and applicable railings; 

(5) Eaves, soffits, and fascias; and 

(6) Vegetation, grading, drainage, driveways, patios, 
walkways, and retaining walls with respect to 
their effect on the condition of the building. 

(b) The home inspector shall: 

(1) Describe wall cladding materials; 

(2) Operate all entryway doors and a representative 
number of windows; 

(3) Operate garage doors manually or by using 
permanently installed controls for any garage door 
operator; and 

(4) Report whether or not any. garage door operator 
will automatically reverse or stop when meeting 
reasonable resistance during closing. 

(c) The home inspector is not required to observe: 

(1) Storm windows, storm doors, screening, shutters, 
awnings, and similar seasonal accessories; 

(2) Fences; 

(3) Presence of safety glazing in doors and windows; 

(4) Garage door operator remote control transmitters; 

(5) Geological conditions; 

(6) Soil conditions; 

(7) Recreational facilities (including spas, saunas, 
steam baths, swimming pools, tennis courts, 
playground equipment, and other exercise, enter- 
tainment, or athletic facilities); 

(8) Detached buildings or structures; or 

(9) Presence or condition of buried fuel storage tanks. 

History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1108 ROOFING 

(a) The home inspector shall observe: 

(1) Roof coverings; 

(2) Roof drainage systems; 
£3} Flashings; 

(4) Skylights, chimneys, and roof penetrations; and 

(5) Signs of leaks or abnormal condensation on 
building components. 

(b) The home inspector shall: 

( 1) Describe the type of roof covering materials; and 

(2) Report the methods used to observe the roofing. 

(c) The home inspector is not required to: 

(1) Walk on the roofing; or 

(2) Observe attached accessories including but not 
limited to solar systems, antennae, and lightning 
arrestors. 



History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

.1109 PLUMBING 

(a) The home inspector shall observe: 

(1) Interior water supply and distribution system, 
including: piping materials, supports, and insula- 
tion; fixtures and faucets; functional flow; leaks; 
and cross connections; 

(2) Interior drain, waste, and vent system, including: 
traps; drain, waste, and vent piping; piping 
supports and pipe insulation; leaks; and functional 
drainage; 

(3J Hot water systems including: water heating 
equipment; normal operating controls; automatic 
safety controls; and chimneys, flues, and vents; 

(4) Fuel storage and distribution systems including: 
interior fuel storage equipment, supply piping, 
venting, and supports; leaks; and 

(5) Sump pumps. 

(b) The home inspector shall describe: 

(1) Water supply and distribution piping materials; 

(2) Drain, waste, and vent piping materials; 

(3) Water heating equipment; and 

(4} Location of main water supply shutoff device. 

(c) The home inspector shall operate all plumbing 
fixtures, including their faucets and all exterior faucets 
attached to the house, except where the flow end of the 
faucet is connected to an appliance. 

(d) The home inspector is not required to: 

(1) State the effectiveness of anti-siphon devices: 

(2) Determine whether water su pply and waste dis- 
posal systems are public or private; 

£3} Operate automatic safety controls; 
£4} Operate any valve except water closet flush 
valves, fixture faucets, and hose faucets; 

(5) Observe: 

(A) Water conditioning systems; 

(B) Fire and lawn sprinkler systems; 

(C) On-site water supply quantity and quality; 

(D) On-site waste disposal systems; 

(E) Foundation irrigation systems; 

(F) Spas, except as to functional flow and 
functional drainage; 

(G) Swimming pools; 

(H) Solar water heating equipment; or 

(6) Observe the system for proper sizing, design, or 
use of proper materials. 

History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996 . 

.1110 ELECTRICAL 



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(a) The home inspector shall observe: 

(1) Service entrance conductors; 

(2) Service equipment, grounding equipment, main 
overcurrent device, and main and distribution 
panels; 

(3) Amperage and voltage ratings of the service; 

(4) Branch circuit conductors, their overcurrent 
devices, and the compatibility of their ampacities 
and voltages; 

(5) The operation of a representative number of 
installed ceiling fans, lighting fixtures, switches 
and receptacles located inside the house, garage, 
and on the dwelling's exterior walls; 

(6) The polarity and grounding of all receptacles 
within six feet of interior plumbing fixtures, and 
all receptacles in the garage or carport, and on the 
exterior of inspected structures; 

(7) The operation of ground fault circuit interrupters; 
and 

(8) Smoke detectors. 

£b) The home inspector shall describe: 

(1) Service amperage and voltage; 

(2) Service entry conductor materials; 

(3) Service type as being overhead or underground; 
and 

(4) Location of main and distribution panels. 

(c) The home inspector shall report any observed 
aluminum branch circuit wiring. 

(d) The home inspector shall report on presence or 
absence of smoke detectors, and operate their test function. 
if accessible, except when detectors are part of a central 
system. 

(e) The home inspector is not required to: 

(1) Insert any tool, probe, or testing device inside the 
panels; 

(2) Test or operate any overcurrent device except 
ground fault circuit interrupters; 

(3) Dismantle any electrical device or control other 
than to remove the covers of the main and auxil- 
iary distribution panels; or 

(4) Observe: 

(A) Low voltage systems; 
£B) Security system devices, heat detectors, or 
carbon monoxide detectors; 

(C) Telephone, security, cable TV, intercoms, 
or other ancillary wiring that is not a part 
of the primary electrical distribution sys- 
tem; or 

(D) Built-in vacuum equipment. 

History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

.1111 HEATING 

(a) The home inspector shall observe permanently 



installed heating systems including: 

(1) Heating equipment; 

(2) Normal operating controls; 

(3) Automatic safety controls; 

(4) Chimneys, flues, and vents, where readily visible: 

(5) Solid fuel heating devices: 

(6) Heat distribution systems including fans, pumps, 
ducts and piping, with supports, insulation, air 
filters, registers, radiators, fan coil units, convec- 
tors; and 

(7) The presence of an installed heat source in each 
room. 

(b) The home inspector shall describe: 
(11 Energy source; and 

£2} Heating equipment and distribution type. 

(c) The home inspector shall operate the systems using 
normal operating controls. 

(d) The home inspector shall open readily openable 
access panels provided by the manufacturer or installer for 
routine homeowner maintenance. 

(e) The home inspector is not required to: 

(1) Operate heating systems when weather conditions 
or other circumstances may cause equipment 
damage; 

(2) Operate automatic safety controls: 

(3) Ignite or extinguish solid fuel fires; or 

(4) Observe: 

(A) The interior of flues; 
(B") Fireplace insert flue connections: 
(Q Humidifiers; 
(D) Electronic air filters; or 
£E] The uniformity or adequacy of heat supply 
to the various rooms. 

History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

. 1 1 12 CENTRAL AIR CONDITIONING 

(a) The home inspector shall observe: 

(1) Central air conditioning systems including: 

(A) Cooling and air handling equipment; and 

(B) Normal operating controls. 

(2) Distribution systems including: 

(A) Fans, pumps, ducts and piping, with asso- 
ciated su pports, dampers, insulation, air 
filters, registers, fan-coil units; and 

(B) The presence of an installed cooling source 
in each room. 

(b) The home inspector shall describe: 
(D Energy sources; and 

£2} Cooling equipment type. 

(c) The home inspector shall operate the systems using 
normal operating controls. 

£d} The home inspector shall open readily openable 
access panels provided by the manufacturer or installer for 



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1219 



TEMPORARY RULES 



routine homeowner maintenance, 
(e) The home inspector is not required to: 

(1) Operate cooling systems when weather conditions 
or other circumstances may cause equipment 
damage; 

(2) Observe non-central air conditioners; or 

(3) Observe the uniformity or adequacy of cool-air 
supply to the various rooms. 

History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

.1113 INTERIORS 

(a) The home inspector shall observe: 

(1) Walls, ceiling, and floors; 

(2) Steps, stairways, balconies, and railings; 

(3) Counters and a representative number of cabinets; 
and 

(4) A representative number of doors and windows. 

(b) The home inspector shall: 

(1) Operate a representative number of windows and 
interior doors; and 

(2) Report signs of abnormal or harmful water pene- 
tration into the building or signs of abnormal or 
harmful condensation on building components. 

(c) The home inspector is not required to observe: 

(1) Paint, wallpaper, and other finish treatments on 
the interior walls, ceilings, and floors; 

(2) Carpeting; or 

(3) Draperies, blinds, or other window treatments. 

History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1114 INSULATION AND VENTILATION 

(a) The home inspector shall observe: 

(1) Insulation and vapor retarders in unfinished 
spaces; 

Ventilation of attics and foundation areas; 
Kitchen, bathroom, and laundry venting systems; 
and 

The operation of any readily accessible attic 
ventilation fan, and, when temperature permits, 
the operation of any readily accessible thermo- 
static control. 

(b) The home inspector shall describe: 

(1) Insulation in unfinished spaces; and 

(2) Absence of insulation in unfinished space at 
conditioned surfaces. 

(c) The home inspector is not required to report on: 
(1) Concealed insulation and vapor retarders; or 
£2} Venting equipment that is integral with household 

appliances. 



01 

[4) 



History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1115 BUILT-IN KITCHEN APPLIANCES 

(a) The home inspector shall observe and operate the 
basic functions of the following kitchen appliances: 

(1) Permanently installed dishwasher, through its 
normal cycle; 

(2) Range, cook top, and permanently installed oven; 

(3) Trash compactor; 

(4) Garbage disposal; 

(5) Ventilation equipment or range hood; and 

(6) Permanently installed microwave oven. 

(b) The home inspector is not required to observe: 

(1) Clocks, timers, self-cleaning oven function, or 
thermostats for calibration or automatic operation; 

(2) Non built-in appliances; or 

(3) Refrigeration units. 

(c) The home inspector is not required to operate: 
(1) Appliances in use; or 

(21 Any appliance that is shut down or otherwise 
inoperable. 

History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

.1116 CODE OF ETHICS 

(a) Licensees shall discharge their duties with fidelity to 
the public, their clients, and with fairness and impartiality 
to all. 

(b) Opinions expressed by licensees shall only be based 
on their education, experience, and honest convictions. 

(c) A licensee shall not disclose any information about 
the results of an inspection without the a pproval of the client 
for whom the inspection was performed, or the client's 
designated representative. 

(d) No licensee shall accept compensation or any other 
consideration from more than one interested party for the 
same service without the consent of all interested parties. 

(e) No licensee shall accept or offer commissions or 
allowances, directly or indirectly, from other parties dealing 
with the client in connection with work for which the 
licensee is responsible. 

(f) No licensee shall express, within the context of an 
ins pection, an appraisal or opinion of the market value of 
the inspected property. 

(g) Before the execution of a contract to perform a home 
inspection, a licensee shall disclose to the client any interest 
in a business that may affect the client. No licensee shall 
allow his or her interest in any business to affect the qualify 
or results of the inspection work that the licensee may be 
called upon to perform. 

(h) Licensees shall not engage in false or misleading 



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advertising or otherwise misrepresent any matters to the 
public. 

History Note: Authority G.S. 143-151.49; 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

SECTION .1200 - DISCIPLINARY ACTIONS 

.1201 DEFINITIONS 

The following definitions are used in this Section: 

(1) The definitions in G.S. 143-151.45 are incorpo- 
rated into this Section by reference. "Associate 
home inspector" is included where reference is 
made to "home inspector" or "licensee". 

(2) "File or filing" means to place the paper or item 
to be filed into the care and custody of the presid- 
ing officer, and acceptance thereof by him, except 
that the Board may permit the papers to be filed 
with the Board, in which event the Board shall 
note thereon the filing date. All documents filed 
with the presiding officer or the Board, except 
exhibits, shall be duplicate in letter size 8 1/2" by 
11". 

(3) "Party" means the Board, the licensee, or an 
intervenor who qualifies under G.S. 150B-38(f). 
"Party" does not include a complainant unless the 
complainant is allowed to intervene under G.S. 
150B-38(f). 

(4) "Service or serve" means personal delivery or. 
unless otherwise provided by law or rule, delivery 
by first class United States Postal Service mail or 
a licensed overnight express mail service, ad- 
dressed to the person to be served at his or her 
last known address. A Certificate of Service by 
the person making the service shall be a ppended 
to every document requiring service under these 
Rules. Service by mail or licensed overnight 
express mail is complete upon addressing, envel- 
oping, and placing the item to be served, in an 
official depository of the United States Postal 
Service or delivering the item to an agent of an 
overnight express mail service. 

History Note: Authority G.S. 143-151.49; 150B-38(h); 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1202 COMPLAINTS 

(a) Anyone who believes that a licensee is or has been in 
violation of G.S. 143-151.56(a) may file a written complaint 
against that licensee. The Board may, upon its own motion, 
initiate an investigation of a licensee. 

(b) An information memo containing instructions for 
filing the complaint shall be mailed to anyone requesting 



complaint information from the Board. A copy of the 
Board's statutes and rules shall also be sent. 

(c) The complaint shall specifically identify the licensee 
and describe the conduct complained about. 

(d) Su pporting information shall be included to justify the 
complaint. Su pporting information shall refer to specific 
violations of the Standards of Practice or of the General 
Statutes. If the complaint involves items included in the 
Standards of Practice that the licensee did not observe, a list 
of those items must be submitted with the complaint. Such 
information may be provided by the complainant, an 
architect, professional engineer, licensed contractor, another 
licensed inspector, or other person with knowledge of the 
Standards of Practice. A copy of the contract agreement, the 
inspection report, and any reports made by other consultants 
shall be included with the complaint. 

(e) The complaint shall be in writing, signed by the 
complainant, and dated. The complaint shall include the 
complainant's mailing address and a daytime phone number 
at which the complainant may be reached. The street 
address of the structure must be included. 

(fj The Board shall not consider services that are under 
the jurisdiction of other regulatory agencies or licensing 
boards, such as, termite inspections, appraisals, services 
rendered by licensed architects, engineers, or general 
contractors, unless the persons rendering those services hold 
themselves out to be home inspectora- 
te) The Board has no jurisdiction over persons who make 
specialized inspections as part of their repair or maintenance 
businesses, such as, roofing repair contractors, chimney 
sweeps, duct cleaning, and interior environment specialists. 

History Note: Authority G.S. 143-151.49; 150B-38(h); 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

.1203 BOARD STAFF 

The Engineering Division of the Department of Insurance 
shall not conduct any building, electrical, mechanical , or 
plumbing inspection of any structure that is the subject of a 
complaint against an inspector. The Engineering Division 
shall verify whether the allegations listed in complaints are 
violations of the Standards of Practice, Code of Ethics, or 
of the General Statutes. 

History Note: Authority G.S. 143-151.49; 150B-38(h); 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

.1204 INVESTIGATION 

(a) On receipt of a complaint conforming to this Section, 
the Engineering Division shall make an investigation of the 
charges and issue a report. The report shall address each 
item alleged to be a violation of these Rules, Code of 
Ethics, or of the General Statutes. 



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(b) A copy of the complaint shall be mailed to the home 
inspector. The inspector shall submit a written response to 
the Engineering Division within two weeks after receipt of 
the copy of the complaint. 

(c) A copy of the report shall be mailed to the complain- 
ant and to the inspector. The report shall be presented to 
the Board at its next regularly scheduled meeting. 

(d) The report shall state that the complaint either has or 
lacks sufficient evidence to support the allegations in the 
complaint. 

(e) If the report states that the allegations lack sufficient 
evidence, the Engineering Division shall: 

(1) Advise the complainant in writing that the evi- 
dence was insufficient to support the allegations in 
the complaint. 

(2) Advise the complainant that the complaint may be 
reviewed by a committee of Board members 
appointed by the Chairman to determine whether 
the finding of the Engineering Division is correct. 

(3) Advise the complainant that the complainant must 
make a written request for the review and must 
state in die request the reasons why the complain- 
ant is of the opinion the Engineering Division's 
determination is incorrect. 

(4) If the complainant makes a written request for 
review by a committee of Board members, the 
chairman shall appoint the committee. The 
committee shall review the report and the com- 
plainant's documentation. If the committee finds 
that the allegations are unsupported by the evi- 
dence, the Engineering Division shall advise the 
complainant in writing that the committee has 
concurred with the Engineering Division's conclu- 
sion that the complaint lacks sufficient evidence to 
support the allegations in the complaint. 

History Note: Authority G.S. 143-151.49; 150B-38(h); 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1205 DISCIPLINARY HEARING 

If there are findings in the report or by the review 
committee that there is sufficient evidence to support the 
allegations in the complaint, the Board shall fix a time and 
place for a disciplinary hearing and give notice to the 
licensee. The disciplinary hearing shall be held in accor- 
dance with G.S. 150B. Article 3A and this Section. 

History Note: Authority G.S. 143-151.49; 150B-38(h); 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 



.1206 PRESIDING OFFICER 

In all contested case hearings before the Board, the 
Chairman of the Board shall serve as presiding officer. In 



the absence of the Chairman, the Vice-Chairman shall serve 
as presiding officer, or a presiding officer shall be elected 
by the Board. 

History Note: Authority G.S. 143-151.49; 150B-38(h); 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1207 PREHEARING CONFERENCE 

Upon the request of any party or upon the presiding 
officer's own motion, the presiding officer may hold a 
prehearing conference before a contested case hearing. A 
prehearing conference on the simplification of issues, 
amendments, stipulations, or other matters may be entered 
on the record or may be made the subject of an order by the 
presiding officer. Venue for purposes of a prehearing 
conference shall be determined in accordance with G.S. 
150B-38(e). 

History Note: Authority G.S. 143-151.49; 150B-38(h); 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1208 CONSENT AGREEMENT 

(a) The Board's staff and the home inspector may attempt 
to resolve the complaint by means of a consent agreement. 
Such consent agreement may impose upon the licensee a 
penalty, or penalties, including the following: requiring the 
licensee to take training or educational courses, probation, 
letter of reprimand, suspension of license, or revocation of 
license. 

(b) The proposed consent agreement shall then be 
presented to the Board at the next meeting. The Board can 
either accept the consent agreement as written, modify the 
consent agreement and send it back to the licensee for 
agreement, or reject the consent agreement. 

History Note: Authority G.S. 143-151.49; 150B-38(h); 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24, 1996. 

.1209 FINAL BOARD ORDER 

(a) After the close of a contested case hearing, the Board 
shall meet and determine if the licensee engaged in the 
conduct alleged and the appropriate penalty, including 
requiring the licensee to take training or education courses, 
probation, letter of reprimand, or license suspension or 
revocation. 

(b) If a final Board order is to suspend, revoke, place on 
probation, or refuse to issue a certificate, the order shall set 
forth any conditions that must be met in order to remove the 
suspension or probation, to reissue the license, or to issue 
the license. 

(c) Contested case hearings shall be recorded either by a 



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recording system or a professional court reporter using 
stenomask or stenotype. 

(d) Transcript costs incurred by the Board shall be paid 
by the the party or parties requesting a transcript. Any 
other costs incurred by the Board when using a professional 
court reporter shall be paid by the requesting party or 
parties. 

(e) A 24-hour cancellation notice is required in all cases. 
The party or parties responsible for the cancellation shall be 
responsible for any cancellation fees charged by a profes- 
sional court reporter. 

(f) Transcripts of proceedings during which oral evidence 
is presented shall be made only upon request of a party. 
Transcript costs shall include the cost of an original for the 
Board. An attorney requesting a transcript on behalf of a 
party is a guarantor of payment of the cost. Cost shall be 
determined under supervision of the presiding officer who, 
in cases deemed to be appropriate by him, may require an 
advance security deposit to cover the prospective cost. The 
security deposit shall be a pplied to the actual cost and any 
excess shall be returned to the party that submitted it 

(g) Copies of tapes are available upon written request at 
cost of reproduction and postage. 

(h) Copies of Board hearings tapes or non-Board certified 
transcripts therefrom are not part of the official record. 

History Note: Authority G.S. 143-151.49; 150B-38(h); 
Codifier determined that agency findings did not meet 
criteria for temporary rule Eff. October 15, 1996; 
Temporary Adoption Eff. October 24. 1996. 

****************** 

Rule-making Agency: Department of Insurance 

Rule Citation: 11 NCAC 10 .0602 - .0603, .0606 

Effective Date: November 8, 1996 

Findings Reviewed and approved by Julian Mann 

Authority for the rule-making: G.S. 58-1-40(1); 58-36- 
30(b); 58-40-30(c) 

Reason for Proposed Action: To amend existing rule to 
comport with new law and adopt a new rule to provide 
guidelines that operate under the new law. 

Comment Procedures: Written comments may be sent to 
Charles Swindell, Department of Insurance, PO Box 26387, 
Raleigh, NC 27611. 

CHAPTER 10 - PROPERTY AND CASUALTY 
DIVISION 

SECTION .0600 - CONSENT TO RATE 



.0602 CONSENT TO RATE PROCEDURES: RATE 
BUREAU COVERAGES 

(a) An initial (first time) application to effect consent to 
rate on a specific risk of coverage subject to Article 36 of 
General Statute Chapter 58, in excess of the rate promul- 
gated by the North Carolina Rate Bureau, shall inolud e , but 
not b e limit e d to, contain the following: 

(1) a description of the insurance proposed, including 
primary and excess limits, the amount of cover- 
age, the property insured, the d e duotiblo deduct- 
ible, and any other factor used for rating, where 
applicable; 

(2) the rate and premium that would be charged 
without application of consent to rate; 

(3) the proposed rate and premium; 

(4) the percent increase. The rate to be charged will 
shall be presumed reasonable if it does not exceed 
250 percent of the rate that would be charged 
without application of consent to rate. Any 
proposed rate in excess of 250 percent must be 
explained fully and is subject to review and 
approval of the Commissioner oommiooion e r 
pursuant to G.S. 58-36-30(b). (This is not re- 
quired for and does not apply to nonfleet private 
passenger motor vehicle physical damage insur- 
ance); 

(5) a statement that the rate charged does not exceed 
the rate that would be applicable if the applicant 
had been charged 550 percent of the rate with no 
Safe Driver Incentive Plan points. Any proposed 
rate in excess of 550 percent must be explained 
fully, submitted individually, and is subject to 
review and approval of the Commissioner com 
miooionor pursuant to G.S. 58-36-30(b). (This is 
required for nonfleet private passenger motor 
vehicle physical damage insurance only); 

(6) the names and addresses of the insurer, the 
writing agent, and the insured; 

(7) the effective date of the proposed rate; 

(8) the policy period; 

(9) the policy number; and 

(40) th e reason for th e ourohorgo may bo r e quir e d; and 

f44) (10) a letter signed by the insured acknowledging 
and consenting to the proposed rate, rato (not 
required to bo submitted to the commissioner for 
nonfl ee t private pass e ng e r motor v e hiolo phyoioal 
damage insurance). If coverage for the specific 
risk written on consent to rate is available through 
a residual market (FAIR Plan, Beach Plan, North 
Carolina Reinsurance Facility, North Carolina 
Workers Compensation Insurance Plan), a state- 
ment signed by the insured acknowledging that 
fact must also be submitted , executed. 

All ouoh applioationo must bo forwarded dir e ctly to the 

oommiooionor for approval. 

(b) Such applications involving non standard automobilo 

physical damago insurance may bo recorded on a form 



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approved by tho commissioner and must bo forwarded to tho 
oommiocionor beforo the e xpiration of the 90 day p e riod in 
Paragraph (o) of thio Rul e . A letter signed by each insured 
acknowledging and consenting to the proposed rate shall be 
retained in the insurer's office and be made available to the 
oommiooion e r Commissioner upon request. A s e parat e 
lotter with th e inour e d'o signature muot b e obtain e d for e aoh 
policy period. 

fe} — All applicationo for approval of consent to rate 
roooiv e d mor e than 90 days aft e r th e e ff e ctive date of tho 
proposed ratoo will bo dioapprov e d and oonstm e d ao e ff e c - 
tive at the rates that would bo charged without application 
of consent to rate on tho effective date. 

History Note: Authority- G.S. 58-2-40(1); 58-36-30(b); 

Eff. February 1, 1976; 

Readopted Eff. July 11, 1978; 

Amended Eff. August 3, 1992; February 1, 1990; January 1, 

1989; 

Temporary Amendment Eff. November 8^ 1996. 

.0603 CONSENT TO RATE PROCEDURES: 
COMMERCIAL COVERAGES 

(a) An initial (first time) application to effect consent to 
rate on a specific risk of coverage subject to Article 40 of 
General Statute Chapter 58, in excess of the rate promul- 
gated by a licensed rating organization or filed by a com- 
pany on its own behalf shall include, but not bo limited -tor 
contain the following: 

(1) a description of the insurance proposed, including 
primary and excess limits, the amount of cover- 
age, the property insured, the deductible deduct- 
ible, and any other factor used for rating, where 
applicable; 

(2) the rate and premium that would be charged 
without application of consent to rate; 

(3) the proposed rate and premium; 

(4) the percent increase. The rate to be charged will 
be presumed reasonable if it does not exceed 250 
percent of the rate that would be charged without 
application of consent to rate. Any proposed rate 
in excess of 250 percent must be explained fully 
and is subject to review and approval by the 
commissioner Commissioner pursuant to G.S. 58- 
40-30(c); 

(5) the names and addresses of the insurer, the 
writing agent, and the insured; 

(6) the effective date of the proposed rate; 

(7) the policy period; 

(8) the policy number; and 

(9} th e r e ason for th e surcharg e ; and, 

f+Q) (9) a letter signed by the insured acknowledging 
and consenting to the proposed rate, rate (not 
required to be submitt e d to th e oommiooioner for 
automobil e physioal damag e inourano e^- If cover- 
age for the specific risk written on consent to rate 
is available through a residual market (FAIR 



Plan, Beach Plan, North Carolina Reinsurance 
Facility, North Carolina Workers Compensation 
Insurance Plan), a statement signed by the insured 
acknowledging that fact must also be submitted, 
executed. 

All suoh applications muot bo forwarded dir e otly to tho 

oommiooionor. 

(b) Suoh applications involving non standard automobile 
physioal damage insurance may bo recorded on a form 
approv e d by th e oommiooion e r and muot bo forwarded to tho 
oommiooionor before tho e xpiration of tho 90 day period 
specified in Paragraph (c) of this Rulo. A letter signed by 
each insured acknowledging and consenting to the proposed 
rate shall be retained in the insurer's office and be made 
available to the Commissioner upon request. 

fe-) — All applications for consent to rate received more 
than 90 days after tho effective date of tho proposed rotes 
will be r e j e ct e d and oonotruod ao e ff e ctiv e at th e rotes that 
would b e charged without application of oonsont to rote on 
tho effective date. 

History Note: Authority G.S. 58-2-40(1); 58-4O-30(c); 

Eff. February 1, 1976; 

Readopted Eff. July 11, 1978; 

Amended Eff. August 3, 1992; January 1, 1989; 

Temporary Amendment Eff. November 8± 1996. 

.0606 CONSENT TO RATE PROCEDURES 

(a) If a policy for which the insured had consented to pay 
a higher premium rate is reinstated after a lapse, the insurer 
does not have to obtain a signed statement from the insured 
under this Section for the reinstatement. 

(bj All records generated under G.S. 58-36-30(b) or G.S. 
58-40-30(c) and under this Section shall be maintained in 
accordance with jl NCAC 19 .0002 and 11 NCAC 19 
.0007. 

(c) After a signed application is obtained by an insurer 
under this Section for a policy, all subsequent changes in the 
policy are endorsements for the purposes of G.S. 58-36- 
30(h) or G.S. 58-4O-30(c). 

id} If a particular kind of coverage is added to a policy 
by endorsement during the term of the policy and the added 
coverage is written at a higher rate under G.S. 58-36-30(b) 
or G.S. 58^40-30(c) and under this Section, the insurer shall 
obtain the signature of the insured under Rules .0602 and 
.0603 of this Section no later than the next renewal of the 
policy. 

(ej If an insured consents to pay a higher premium rate 
under G.S. 58-36-30(h) or G.S. 58-4O-30(c) and under this 
Section and consent to rate coverage is subsequently 
terminated, if the insured and insurer enter into another 
agreement under G.S. 58-36-30(1?) or G.S. 58-40-30(c) and 
under this Section, the insurer does not have to obtain the 
signature of the insured under Rules ,0602 and .0603 of this 
Section unless three years have elapsed since the termination 
of the coverage. 



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History Note: Authority G.S. 58-2-40(1); 58-36-30(b); 

58-4O-30(c); 

Temporary Adoption Eff. November 8. 1996. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Rule-making Agency: EHNR - Environmental Management 
Commission 

Rule Citation: 15 A NCAC 2H .0225 

Effective Date: November 8, 1996 

Findings Reviewed and approved by Julian Mann 

Authority for the rule-making: G.S. 143-215. 1(b)(3), (4); 
143-215. 10C(a) 

Reason for Proposed Action: A permanent rule is required 
to enable the continued use of general permitting for animal 
waste operations as mandated by G.S. 143-215. IOC. This 
temporary rule would act as the foundation to provide the 
Division with the authority to re-issue general permits and 
to continue to develop new animal general permits as 
necessary. The ability to issue general permits will increase 
the efficiency and effectiveness of the permitting program, 
reduce the time required to obtain a permit and provide for 
increased public input into the development of the general 
permits. 

Comment Procedures: Comments, statements, data and 
other information may be submitted in writing within 60 days 
after the date of publication of this issue in the North 
Carolina Register. Copies of the proposed rules and 
information package may be obtained by contacting the 
Permits & Engineering Unit at (919) 733-5083 (ext. 574 or 
ext. 524). Written comments may be submitted to Coleen 
Sullins, Division of Water Quality, Water Quality Section, 
Permits & Engineering Unit, PO Box 29535, Raleigh, NC 
27626-0535. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2H - PROCEDURES FOR PERMITS: 
APPROVALS 

SECTION .0200 - WASTE NOT DISCHARGED TO 
SURFACE WATERS 

.0225 CONDITIONS FOR ISSUING GENERAL 
PERMITS 

(a) In accordance with the provisions of G.S. 143- 
215.1(b)(3) and (d), general permits may be developed by 
the Division and issued by the Director for categories of 
activities covered by this Rule. General permits may be 



written for categories of activities that involve the same or 
substantially similar operations, have similar treated waste 
characteristics, require the same limitations or operating 
conditions, and require the same or similar monitoring. 
Each of the general permits shall be issued under G.S . 143- 
215.1(d). After issuance of a general permit by the Direc- 
tor, persons operating facilities described by the general 
permit may request coverage under it^ and the Director or 
his designee may grant a ppropriate certification. All 
individual operations which receive a "Certificate of 
Coverage" under a general permit are permitted under the 
specific general permit for which the coverage was issued. 
Persons operating facilities covered under general permits 
developed in accordance with this Rule shall be subject to 
the same limits, conditions, management practices, enforce- 
ment authorities, and rights and privileges as specified in the 
general permit. 

(b) Upon development of a draft general permit, the 
Director shall publicly notice under G.S. 143-215.4(b)(l) 
and (2). at least 30 days prior to final action, an intent to 
issue the general permit. A one time publication of the 
notice in a newspaper having general circulation in the 
geographic areas affected by the pro posed permit shall be 
required. The notice shall provide the name, address and 
phone number of the agency issuing the notice, a brief 
description of the intended action, and a brief description of 
the procedures for the formulation of final determinations, 
including a 30-day comment period and other means by 
which interested persons may comment upon the determina- 
tions. 

(c) No provisions in any general permit issued under this 
Rule shall be interpreted as allowing the permittee to violate 
state water quality standards or other a pplicable environmen- 
tal standards. 

(d) To obtain an individual certificate of coverage, a 
Notice of Intent to be covered by the general permit must be 
given using forms provided by the Division following the 
application procedures specified in this Section. If all 
requirements are met, coverage under the general permit 
may be granted. If all requirements are not met, an 
individual permit a pplication and full a pplication review 
procedure shall be required. 

(e) General permits shall be effective for a term not to 
exceed five years at the end of which the Division may 
renew them. The Division shall satisfy public notice 
requirements prior to renewal of general permits. Operators 
covered by general permits need not submit new Notices of 
Intent or renewal requests unless so directed by the Divi- 
sion. If the Division chooses not to renew a general permit, 
all operations covered under that general permit shall be 
notified to submit applications for individual permits. 

£fj Anyone engaged in activities covered by the general 
permit rules but not permitted in accordance with this 
Section shall be considered in violation of G.S. 143-215.1. 

(g) Any individual covered or considering coverage 
under a genera] permit may choose to pursue an individual 
permit for any operation covered by this Rule. 



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(h) The Director may require any person, otherwise 
eligible for coverage under a general permit, to apply for an 
individual permit by. notifying that person that an a pplication 
is required. Notification shall consist of a written descrip- 
tion of the reason(s) for the decision, appropriate permit 
application forms and application instructions, a statement 
establishing the required date for submission of the applica- 
tion, and a statement informing the person that coverage by 
the general permit shall automatically terminate upon 
issuance of the individual permit. Reasons for requiring 
application for an individual permit may include: 

(1) the operation is a significant contributor of pollut- 
ants; 

(2) conditions at the permitted site change, altering 
the constituents or characteristics of the 
wastewater such that the operation no longer 
qualifies for coverage under a general permit; 

(3) noncompliance with the general permit; 

(4) noncompliance with Division Rules; 

(5) a change has occurred in the availability of dem- 
onstrated technology or practices for the control 
or abatement of pollutants applicable to the opera- 
tion; 

(6) a determination that there has been or is the 
potential to have a direct discharge of wastewater, 
sludge or residuals to waters of the state; 

(7) the system has been allowed to deteriorate or leak 
such that it poses an immediate threat to the 
environment. 

(i) General permits or individual certificate of coverages 
may be modified, terminated, or revoked and reissued in 
accordance with the authority and requirements of rules of 
this Section. 

History Note: Authority G.S. 143-215.1; 143-215. 3(a)(1); 

143-215. IOC; 

Temporary Adoption Elf. November 8^ 1996. 

****************** 

Rule-making Agency: EHNR - Coastal Resources Commis- 
sion 

Rule Citation: 15 A NCAC 7H .0304 and .0305 

Effective Date: October 10, 1996 

Findings Reviewed and approved by Julian Mann, III 

Authority for the rule-making: 113A-107; U3A-113; 
113A-1 13(b)(6); 113A-124 

Reason for Proposed Action: To designate certain 
previously vegetated areas that lost vegetation in Hurricane 
Fran as unvegetated beach areas under 15A NCAC 7H 
.0304 and to establish procedures for determining the 
setback measurement lines for these areas under 15A NCAC 



7H .0305. 

Comment Procedures: Comments may be submitted in 
writing within 60 days after the date of publication of the 
issue of the North Carolina Register. Written comments may 
be submitted to Preston Pate, PO Box 769, Morehead City, 
NC 28557. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0300 - OCEAN HAZARD AREAS 

.0304 AECs WITHIN OCEAN HAZARD AREAS 

The ocean hazard system of AECs contains all of the 
following areas: 

(1) Ocean Erodible Area. This is the area in which 
there exists a substantial possibility of excessive 
erosion and significant shoreline fluctuation. The 
seaward boundary of this area is the mean low 
water line. The landward extent of this area is 
determined as follows: 

(a) a distance landward from the first line of 
stable natural vegetation to the recession 
line that would be established by multiply- 
ing the long-term annual erosion rate times 
60, provided that, where there has been no 
long-term erosion or the rate is less than 
two feet per year, this distance shall be set 
at 120 feet landward from the first line of 
stable natural vegetation. For the purposes 
of this Rule, the erosion rates shall be 
those set forth in tables entitled "Long 
Term Annual Erosion Rates updated 
through 1986" and approved by the Coastal 
Resources Commission on July 29, 1988 
(except as such rates may be varied in 
individual contested cases, declaratory or 
interpretive rulings). The tables are avail- 
able without cost from any local permit 
officer or the Division of Coastal Manage- 
ment; and 

(b) a distance landward from the recession line 
established in Sub-Item (l)(a) of this Rule 
to the recession line that would be gener- 
ated by a storm having a one percent 
chance of being equaled or exceeded in any 
given year. 

(2) The High Hazard Flood Area. This is the area 
subject to high velocity waters (including, but not 
limited to, hurricane wave wash) in a storm 
having a one percent chance of being equaled or 
exceeded in any given year, as identified as zone 
VI -30 on the flood insurance rate maps of the 
Federal Insurance Administration, U.S. Depart- 



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TEMPORARY RULES 



ment of Housing and Urban Development. In the 
absence of these rate maps, other available base 
flood elevation data prepared by a federal, state, 
or other source may be used, provided said data 
source is approved by the CRC. 

(3) Inlet Hazard Area. The inlet hazard areas are 
natural-hazard areas that are especially vulnerable 
to erosion, flooding and other adverse effects of 
sand, wind, and water because of their proximity 
to dynamic ocean inlets. This area shall extend 
landward from the mean low water line a distance 
sufficient to encompass that area within which the 
inlet will, based on statistical analysis, migrate, 
and shall consider such factors as previous inlet 
territory, structurally weak areas near the inlet 
(such as an unusually narrow barrier island, an 
unusually long channel feeding the inlet, or an 
overwash area), and external influences such as 
jetties and channelization. The areas identified as 
suggested Inlet Hazard Areas included in the 
report entitled INLET HAZARD AREAS, The 
Final Report and Recommendations to the Coastal 
Resources Commission, 1978, by Loie J. Priddy 
and Rick Carraway are hereby designated as Inlet 
Hazard Areas except that the Cape Fear Inlet 
Hazard as shown on said map shall not extend 
northeast of the Baldhead Island marina entrance 
channel. In all cases, this area shall be an exten- 
sion of the adjacent ocean erodible area and in no 
case shall the width of the inlet hazard area be 
less than the width of the adjacent ocean erodible 
area. 

(4) Unvegetated Beach Area. Beach areas within the 
Ocean Hazard Area where no stable natural 
vegetation is present may be designated as an 
unvegetated beach area on either a permanent or 
temporary basis: 

(a) An area appropriate for permanent designa- 
tion as an unvegetated beach area Thio is a 
dynamic area that is subject to rapid unpre- 
dictable landform change from wind and 
wave action. The areas in this category 
shall be designated following detailed stud- 
ies by the Coastal Resources Commission. 
These areas shall be designated on maps 
approved by the Commission and available 
without cost from any local permit officer 
or the Division of Coastal Management. 

(b) An area that is suddenly unvegetated as a 
result of a hurricane or other major storm 
event may be designated as an unvegetated 
beach area for a specific period of time. 
At the expiration of the time specified by 
the Commission, the area shall return to its 
pre-storm designation. Areas appropriate 
for such designation are those in which 
vegetation has been lost over such a large 



land area that extrapolation of the vegeta- 
tion line under the procedure set out in 
Rule .0305(e) of this Section is inappropri- 
ate. 
The Commission designates as temporary 
unvegetated beach areas those oceanfront areas in 
New Hanover. Pender. Carteret and Onslow 
Counties in which the vegetation line as shown on 
aerial photography dated August 8^ 9^ and 17. 
1996. was destroyed as a result of Hurricane Fran 
on September 5^ 1996. This designation shall 
continue until such time as stable, natural vegeta- 
tion has reestablished or until the area is perma- 
nently designated as an unvegetated beach area 
pursuant to Sub-Item 4(a) of this Rule. 

History Note: Authority G.S. 113A-107; 113A-113; 

113A-124; 

Eff. September 9, 1977; 

Amended Eff. December 1, 1993; November 1, 1988; 

September 1, 1986; December 1, 1985; 

Temporary Amendment Eff. October 10. 1996. 

.0305 GENERAL IDENTIFICATION AND 
DESCRIPTION OF LANDFORMS 

(a) Ocean Beaches. Ocean beaches are lands consisting 
of unconsolidated soil materials that extend from the mean 
low water line landward to a point where either: 

(1) the growth of vegetation occurs, or 

(2) a distinct change in slope or elevation alters the 
configuration of the landform, whichever is 
farther landward. 

(b) Primary Dunes. Primary dunes are the first mounds 
of sand located landward of the ocean beaches having an 
elevation equal to the mean flood level (in a storm having a 
one percent chance of being equaled or exceeded in any 
given year) for the area plus six feet. The primary dune 
extends landward to the lowest elevation in the depression 
behind that same mound of sand (commonly referred to as 
the dune trough). 

(c) Frontal Dunes. The frontal dune is deemed to be the 
first mound of sand located landward of the ocean beach 
having sufficient vegetation, height, continuity and configu- 
ration to offer protective value. 

(d) General Identification. For the purpose of public and 
administrative notice and convenience, each designated 
minor development permit-letting agency with ocean hazard 
areas may designate, subject to CRC approval, a readily 
identifiable land area within which the ocean hazard areas 
occur. This designated notice area must include all of the 
land areas defined in Rule .0304 of this Section. Natural or 
man-made landmarks may be considered in delineating this 
area. 

(e) "Vegetation Line" means the first line of stable 
natural vegetation, which shall be used as the reference 
point for measuring oceanfront setbacks. This line repre- 
sents the boundary between the normal dry-sand beach, 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1227 



TEMPORARY RULES 



which is subject to constant flux due to waves, tides, storms 
and wind, and the more stable upland areas. It is generally 
located at or immediately oceanward of the seaward toe of 
the frontal dune or erosion escarpment. In areas where 
there is no stable natural vegetation present, this line shall 
be established by connecting or extending the lines from the 
nearest adjacent vegetation on either side of the site and by 
extrapolating (by either on-ground observation or by aerial 
photographic interpretation) to establish the line. 

(0 "Erosion Escarpment" means normal vertical drop in 
the beach profile caused from high tide or storm tide 
erosion. 

(g) Measurement line means the line from which the 
ocean front setback as described in Rule .0306(a) of this 
Section Subohapt e r is measured in the unvegetated beach 
area of environmental concern as described in Rule .0304(4) 
.030 4 (a)('1) of this Subchapter. Section. Procedures for 
determining the measurement line in areas designated 
pursuant to Rule ,0304(4)(a) of this Section shall be adopted 
by the Commission for each area where such a line is 
designated. These procedures shall be available from any 
local permit officer or the Division of Coastal Management. 
In areas designated pursuant to Rule ,0304(4)(b) of this 



Section, the Division of Coastal Management shall establish 
a measurement line that a pproximates the location at which 
the vegetation line is expected to reestablish by: 

(1) determining the distance the vegetation line 
receded at the closest vegetated site to the pro- 
posed development site; and 

(2) locating the line of stable natural vegetation on the 
most current pre-storm aerial photography of the 
proposed development site and moving this line 
landward the distance determined in Subparagraph 
(g)(1) of this Rule. 

The measurement line established pursuant to this process 
shall in every case be located landward of the average width 
of the beach as determined from the most current pre-storm 
aerial photography. 

History Note: Authority G.S. 113A-107; 113A-1 13(b)(6); 

113A-124; 

Eff. September 9, 1977; 

Amended Eff. December 1, 1992; September 1, 1986; 

December 1, 1985; February 2, 1981; 

Temporary Amendment Eff. October 10. 1996. 



1228 



NORTH CAROLINA REGISTER 



November 1, 1996 



11:15 



APPROVED RULES 



This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its 
meeting of September 19. 1996 pursuant to G.S. 150B-21. 17(a)(1) and reported to the Joint Legislative Administrative 
Procedure Oversight Committee pursuant to G.S. 150B-21.16. The full text of rules are published below when the rules 
have been approved by RRC in a form different from that originally noticed in the Register or when no notice was 
required to be published in the Register. The rules published in full text are identified by an * in the listing of approved 
rules. Statutory Reference: G.S. 150B-21.17. 

These rules will become effective on the 31st legislative day of the 1997 Regular Session of the General Assembly or a 
later date if specified by the agency unless a bill is introduced before the 31st legislative day that specifically disapproves 
the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the bill receives 
an unfavorable final action or the day the General Assembly adjourns. Statutory reference: G.S. 150B-21.3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



10 NCAC 41F .0705* 
10 NCAC 41F .0706 
10 NCAC 41F .0707* 
10 NCAC 41F .0812 
10 NCAC 41F .0813* 
10 NCAC 41F .0814* 



03 NCR 111 
03 NCR 111 
03 NCR 1 12 
03 NCR 1 12 
03 NCR 1 12 
03 NCR 112 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 41 - CHILDREN'S SERVICES 



required by G.S. 131D. Art. 1A or if the Division of Social 
Services determines that the a pplicant is unfit, based on the 
criminal history, to have responsibility for the safety and 
well-being of children. 



SUBCHAPTER 41F - LICENSFNG OF FAMILY 
FOSTER HOMES 

SECTION .0700 - STANDARDS FOR LICENSING 



.0705 CRITERIA FOR SERVICES TO FOSTER 

FAMILY 

(a) Quarterly Visits. Vioito with th e foot e r family by 
agoncy staff must bo made at least on a quarterly basis. 
Agency staff shall visit with the foster family on at least a 
quarterly basis. Two of the quarterly visits within the 
licensing year must shall be made in the foster home for the 
purpose of discussing with the foster parents matters related 
to any services needed by the foster family and to ensure 
that minimum licensing standards continue to be met. 

(b) Training r e lated to th e r e sponsibiliti e s and righto of 
the foator family must bo provided prior to placement of 
children in tho homo and at least annually thereafter. 

History Note: Authority G.S. 13 ID- 10.5; 143B-153; 

Eff. July 1, 1983; 

Amended Eff. July, L 1997: May 1, 1990. 

.0707 CRIMINAL HISTORIES 

An applicant shall not be eligible for licensure if the 
applicant refuses to consent to any criminal history check 



History Note: Authority G.S. 131D-10.5; 143B-153; 
Temporary Adoption Eff. January 1, 1996; 
Eff. April 1. 1997. 



SECTION .0800 



LICENSING REGULATIONS AND 
PROCEDURES 



.0813 CRIMINAL HISTORY CHECKS 

The supervising agency shall carry out the following for 
all foster parents applying for relicensure of a family foster 
home and new foster parent a pplicants: 

(1) furnish the written notice as required by G.S. 
131D-10.3A(e): 

(2) obtain a signed consent form for a criminal 
history check and submit the signed consent form 
to the Division of Social Services; 

(3) obtain two sets of fingerprints on SBI identifica- 
tion cards and forward both sets of fingerprints to 
the Division of Social Services. Once an individ- 
ual's fingerprints have been submitted to the 
Division of Social Services, additional fingerprints 
shall not be required; and 

(4) conduct a local criminal history check through 
accessing the Administrative Office of the Courts 
and the Department of Corrections In- 
mate/Probation Inquiry Systems and submit the 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1229 



APPROVED RULES 



results of the criminal history checks to the 
Division of Social Services on the application 
form. 

History Note: Authority G.S. 131D-10.5; 143B-153; 
Temporary Adoption Eff. January 1, 1996; 
Eff. April 1. 1997. 

.0814 TRAINING REQUIREMENTS 

(a) In order to provide improved services to children and 
families, each agency shall provide, or cause to be pro- 
vided, preservice training for all prospective foster parents. 
Training shall be subject to the specifications of Paragraph 
(b) of this Rule. 

(b) As a condition of licensure for foster parent appli- 
cants, each applicant shall successfully complete 30 hours of 
preservice training. Preservice training shall include the 
following components: 

(1) General Orientation to Foster Care and Adoption 
Process; 

(2) Communication Skills; 

(3) Understanding the Dynamics of Foster Care and 
Adoption Process; 

(4) Separation and Loss; 

(5) Attachment and Trust; 

(6) Child Development; 

(7) Behavior Management; 

(8) Working with Birth Families and Maintaining 
Connections; 

(9) Lifebook Preparation; 

(10) Planned Moves and the Impact of Disruptions; 

(11) The Impact of Placement on Foster and Adoptive 
Families; 

(12) Teamwork to Achieve Permanence; 

(13) Cultural Sensitivity; 



(14) Confidentiality; 

(15) Health and Safety. 

(c) Prior to licensure renewal, each foster parent shall 
successfully complete 10 hours of inservice training. This 
training may be child-specific or may concern issues 
relevant to the general population of children in foster care. 
In order to meet this requirement: 

(1) Each agency shall provide, or cause to be pro- 
vided, 10 hours of inservice training for foster 
parents annually. 

(2) Such training shall include subjects that would 
enhance the skills of foster parents and promote 
stability for children. 

(3) A foster parent may complete relevant training 
provided by: a community college, a licensed 
child placing agency, or other departments of 
State or county governments and, upon approval 
by_ the placing agency, that training shall count 
toward meeting the requirements specified in this 
Section. 

(4) Each agency shall document in the foster parent 
record the type of activity the foster parent has 
completed in pursuance of this Section. 

(d) In order for a foster family caring for a child with 
HIV (human immunodeficiency virus) or AIDS (acquired 
immunodeficiency syndrome) to receive the HIV supplemen- 
tal payment, that family shall attend six hours of advanced 
medical training annually. This training shall consist of 
issues relevant to HIV or AIDS. This training shall count 
toward the training requirements of Paragraph (c) of this 
Rule. 

History Note: Authority G.S. 143B-153; S.L. 1993, c. 
769, s. 25.11; 
Eff. April 1. 1997. 



1230 



NORTH CAROLINA REGISTER 



November 1, 1996 



11:15 



RULES REVIEW COMMISSION 



A his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday, November 21 . 1996. 
10:00 a.m. . at 1307 Glenwood Ave. , Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any 
rule before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners 
by Monday. November 18. 1996. at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review 
Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at 
least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Vernice B. Howard 

Teresa L. Smallwood 

Charles H. Henry 

Philip O. Redwine - Vice Chairman 



Appointed by House 

Bill Graham 

James Mallory, UJ 

Paul Powell 

Anita White 



RULES REVIEW COMMISSION MEETING DATES 



November 21, 1996 
December 19, 1996 
January 16, 1997 
February 20, 1997 



March 20, 1997 
April 17, 1997 
May 15, 1997 
June 19, 1997 



MEETING DATE: NOVEMBER 21, 1996 



LOG OF FILINGS 
RULES SUBMITTED: SEPTEMBER 20, 1996 THROUGH OCTOBER 20, 1996 



AGENCY/DIVISION RULE NAME 


RULE 


ACTION 


DHR/SOCIAL SERVICES COMMISSION 






Organization and Administration 


10 NCAC 41P .0002 


Amend 


Placement Services 


10 NCAC 41P .0005 


Amend 


Adoptive Home Recruitment 


10 NCAC 41P .0006 


Amend 


Preplacement Assessment 


10 NCAC 41P .0008 


Amend 


Notification 


10 NCAC 41P .0009 


Amend 


Services to Adoptive Applicants 


10 NCAC 41P .0010 


Amend 


Legal Process 


10 NCAC 41P .0011 


Amend 


Records 


10 NCAC 41P .0012 


Amend 


Fees 


10 NCAC 41P .0013 


Adopt 


Availability 


10 NCAC 42 A .0701 


Adopt 


Case Management Activities 


10 NCAC 42A .0702 


Adopt 


Designated Agencies 


10 NCAC 42A .0703 


Adopt 


Competency of Staff 


10 NCAC 42B .1209 


Repeal 


Staff Competency 


10 NCAC 42B .1210 


Adopt 


Training Program Content 


10 NCAC 42B .1211 


Adopt 


Resident Assessment 


10 NCAC 42B .2402 


Adopt 


Resident Care Plan 


10 NCAC 42B .2403 


Adopt 


Licensed Health Professional 


10 NCAC 42B .2404 


Adopt 


Cooperation 


10 NCAC 42B .2405 


Adopt 


Competency of Staff 


10 NCAC 42C .2010 


Repeal 


Staff Competency 


10 NCAC 42C .2011 


Adopt 


Training Program 


10 NCAC 42C .2012 


Adopt 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1231 



RULES REVIEW COMMISSION 



Resident Assessment 

Resident Care Plan 

Licensed Health Support 

Cooperation with Case Managers 

Competency of Staff 

Staff Competency 

Training Program 

Resident Assessment 

Resident Care Plan 

Licensed Health Support 

Cooperation with Case Managers 

Definitions 

Initial Interview 

Prospective Budgeting 

Changes in Situation 

DEHNR/ENVTRONMENTAL MANAGEMENT COMMISSION 

Tar-Pamlico River 

Neuse River Basin 

Miscellaneous Volatile Emissions 

New Source 

Prevention of Deterioration 

Applicability 

Compliance Schedules 

Compliance Schedules 

Alternative Compliance Schedules 

Exception 

Compliance Schedule 

Stage U Vapor Recovery 

National Emission Standards 

Maximum Achievable Control 

Applicability 

Compliance Schedules 

Activities Exempted 

Where to Obtain Applications 

Confidential Information 

Application 

Permit Shield 

Administrative Permit 

Minor Permit 

Reopening for Cause 

DEHNR/COASTAL RESOURCES COMMISSION 

Development Initiated 
AECs in Ocean Hazard Areas 
Genera] Identification 
Specific Use Standards 
General Definitions 

DEHNR/WILDLIFE RESOURCES COMMISSION 

Deer 

Wild Turkey 

Public Mountain Trout Waters 

Creel and Size Limits 

Hunting on Game Lands 



10 NCAC 42C . 


3701 


Adopt 


10 NCAC 42C . 


.3702 


Adopt 


10 NCAC 42C . 


3703 


Adopt 


10 NCAC 42C . 


.3704 


Adopt 


10 NCAC 42D 


.1409 


Repeal 


10 NCAC 42D 


.1410 


Adopt 


10 NCAC 42D 


.1411 


Adopt 


10 NCAC 42D 


.1827 


Adopt 


10 NCAC 42D 


.1828 


Adopt 


10 NCAC 42D 


.1829 


Adopt 


10 NCAC 42D 


.1830 


Adopt 


10 NCAC 49A 


0002 


Amend 


10 NCAC 49B . 


0202 


Amend 


10 NCAC 49B . 


0310 


Amend 


10 NCAC 49B . 


0502 


Amend 


15 A NCAC 2B 


.0229 


Adopt 


15A NCAC 2B 


.0315 


Amend 


15 A NCAC 2D 


.0518 


Amend 


15A NCAC 2D 


.0524 


Amend 


15A NCAC 2D 


.0530 


Amend 


15 A NCAC 2D 


.0902 


Amend 


15A NCAC 2D 


.0907 


Repeal 


15A NCAC 2D 


.0909 


Amend 


15A NCAC 2D 


.0910 


Repeal 


15A NCAC 2D 


.0911 


Repeal 


15A NCAC 2D 


.0946 


Repeal 


15A NCAC 2D 


.0954 


Amend 


15A NCAC 2D 


.1110 


Amend 


15 A NCAC 2D 


.1111 


Amend 


15A NCAC 2D 


.1402 


Amend 


15A NCAC 2D 


.1403 


Amend 


15A NCAC 2Q 


.0102 


Amend 


15A NCAC 2Q 


.0104 


Amend 


15A NCAC 2Q 


.0107 


Amend 


15A NCAC 2Q 


.0507 


Amend 


15A NCAC 2Q 


.0512 


Amend 


15A NCAC 2Q 


.0514 


Amend 


15A NCAC 2Q 


.0515 


Amend 


15A NCAC 2Q 


.0517 


Amend 


15A NCAC 7H 


.0104 


Amend 


15A NCAC 7H 


.0304 


Amend 


15A NCAC 7H 


.0305 


Amend 


15A NCAC 7H 


.0308 


Amend 


15A NCAC 7J . 


0102 


Amend 


15A NCAC 10B 


1 .0203 


Amend 


15A NCAC 10B 


; .0209 


Amend 


15A NCAC 10C 


! .0205 


Amend 


15A NCAC 10C 


: .0305 


Amend 


15A NCAC 10D .0003 


Amend 



DEHNR/DIV1SION OF PARKS AND RECREATION 



1232 



NORTH CAROLINA REGISTER 



November 1, 1996 



11:15 



RULES REVIEW COMMISSION 



Fees and Charges 


15ANCAC 12B .1206 


Adopt 


EDUCATION/STANDARDS BOARD FOR PUBLIC SCHOOL ADMINISTRATION 




Definitions 


16 NCAC 7 .0101 


Adopt 


General Information 


16 NCAC 7 .0102 


Adopt 


Exemptions 


16 NCAC 7 .0103 


Adopt 


Program Requirements 


16 NCAC 7 .0104 


Adopt 


Certification Patterns 


16 NCAC 7 .0105 


Adopt 


Standard Examinations 


16 NCAC 7 .0106 


Adopt 


Certificate Renewal 


16 NCAC 7 .0107 


Adopt 


Expired Certificates 


16 NCAC 7 .0108 


Adopt 


Reciprocity in Certification 


16 NCAC 7 .0109 


Adopt 


Temporary Permit 


16 NCAC 7 .0110 


Adopt 


Certificate Suspension 


16 NCAC 7 .0111 


Adopt 


Criminal History Checks 


16 NCAC 7 .0112 


Adopt 



REVENUE/CORPORATE INCOME & FRANCHISE TAX DIVISION 

Doing Business Defined 17 NCAC 5C 



.0102 



Amend 



DEPARTMENT OF REVENUE 

Change in Ownership 

Refunds 

Refunds to Counties 

Refunds to Hospitals 

Rental of Films 

Commercial Cable Companies 

Exempt Sales 

Receipts of Laundries 

STATE BOARD OF REFRIGERATION EXAMINERS 

Scoring Examinations 

Requirements 

Use of License 



17 NCAC 7B 


.0118 


Amend 


17 NCAC 7B 


.1602 


Amend 


17 NCAC 7B 


.1702 


Amend 


17 NCAC 7B 


.1802 


Amend 


17 NCAC 7B 


.3103 


Amend 


17 NCAC 7B 


.3106 


Amend 


17 NCAC 7B 


.4202 


Amend 


17 NCAC 7B 


.4501 


Amend 


21 NCAC 60 


.0204 


Amend 


21 NCAC 60 


.0207 


Amend 


21 NCAC 60 


.0314 


Amend 



NC CERTIFICATION BOARD FOR SOCIAL WORK 

Examination Fee 



21 NCAC 63 .0306 



Amend 



NC STATE BOARD OF COMMUNrTY COLLEGES 

Limitations in Reporting 
Student Refund 



23 NCAC 2D .0325 
23 NCAC 3A .0113 



Amend 
Adopt 



RULES REVIEW OBJECTIONS 

BOARD OF DENTAL EXAMINERS 

21 NCAC 16H .0104 - Approved Education and Training Programs 

Agency Revised Rule 
21 NCAC 16H .0202 - Specific Permitted Functions of Dental Assistant I 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



09/19/96 
10/17/96 
09/19/96 
10/17/96 



Environmental Management 

15 A NCAC 2B .0101 - General Procedures 
No Response from Agency 
Agency Responded 
Rule Returned to Agency 



RRC 


Objection 


07/18/96 


Obj. 


Cont 'd 


08/15/96 


Obj. 


Cont 'd 


09/19/96 


Obj. 


Cont'd 


09/19/96 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1233 



RULES REVIEW COMMISSION 



Agency Filed Rule for Codification Over RRC Objection 

ISA NCAC 2B .0103 - Analytical Procedures 

No Response from Agency 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 2B .0109 - Waters Affected by Dredge and Fill Activities 

No Response from Agency 

15 A NCAC 2B .0201 - Antide gradation Policy 

No Response from Agency 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15 A NCAC 2B .0202 - Definitions 

No Response from Agency 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 2B .0231 - Wetland Standards (Rule .0231 was Noticed as Rule .0220) 

No Response from Agency 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15 A NCAC 2C .0211 - Permits 

Agency Revised Rule 
15 A NCAC 2C .0213 - Additional Criteria and Standards Applicable to Class 5 Wells 

Agency Revised Rule 
15A NCAC 2C .0214 - Abandonment and Change-of-Status of Wells 

Agency Revised Rule 
15 A NCAC2H .0501 - Purpose 

No Response from Agency 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15 A NCAC 2H .0502 - Application 

No Response from Agency 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15 A NCAC 2H .0503 - Public Notice 

No Response from Agency 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 2H .0504 - Hearing 

No Response from Agency 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 2H .0506 - Criteria for Review of Applications 

No Response from Agency- 
Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 2H .0507 - Issuance of Certification 

No Response from Agency 



RRC 


' Objection 


ujj. 


07/18/96 


Obj. 


Cont 'd 




08/15/96 


Obj. 


Cont 'd 




09/19/96 


Obj. 


Cont 'd 




09/19/96 






Eff 


10/01/96 


RRC 


Objection 




07/18/96 


Obj. 


Cont 'd 




08/15/96 


Obj. 


Removed 




09/19/96 


RRC 


Objection 




07/18/96 


Obj. 


Cont 'd 




08/15/96 


Obj. 


Cont 'd 




09/19/96 


Obj. 


Cont 'd 




09/19/96 






Eff. 


10/01/96 


RRC 


Objection 




07/18/96 


Obj. 


Cont'd 




08/15/96 


Obj. 


Cont 'd 




09/19/96 


Obj. 


Cont 'd 




09/19/96 






Eff. 


10/01/96 


RRC 


Objection 




07/18/96 


Obj. 


Cont 'd 




08/15/96 


Obj. 


Cont'd 




09/19/96 


Obj. 


Cont'd 




09/19/96 






Eff 


10/01/96 


RRC 


Objection 




08/15/96 


Obj. 


Removed 




09/19/96 


RRC 


Objection 




08/15/96 


Obj. 


Removed 




09/19/96 


RRC 


Objection 




08/15/96 


Obj. 


Removed 




09/19/96 


RRC 


Objection 




07/18/96 


Obj. 


Cont 'd 




08/15/96 


Obj. 


Cont 'd 




09/19/96 


Obj. 


Cont 'd 




09/19/96 






Eff 


10/01/96 


RRC 


Objection 




07/18/96 


Obj. 


Cont 'd 




08/15/96 


Obj. 


Cont 'd 




09/19/96 


Obj. 


Cont 'd 




09/19/96 






Eff 


10/01/96 


RRC 


Objection 




07/18/96 


Obj. 


Cont 'd 




08/15/96 


Obj. 


Cont 'd 




09/19/96 


Obj. 


Cont 'd 




09/19/96 






Eff 


10/01/96 


RRC 


Objection 




07/18/96 


Obj. 


Cont 'd 




08/15/96 


Obj. 


Cont 'd 




09/19/96 


Obj. 


Cont 'd 




09/19/96 






Eff 


10/01/96 


RRC 


Objection 




07/18/96 


Obj. 


Cont 'd 




08/15/96 


Obj. 


Cont 'd 




09/19/96 


Obj. 


Cont 'd 




09/19/96 






Eff 


10/01/96 


RRC 


Objection 




07/18/96 


Obj. 


Cont 'd 




08/15/96 



1234 



NORTH CAROLINA REGISTER 



November 1, 1996 



11:15 



RULES REVIEW COMMISSION 



Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 

Commission for Health Services 

15 A NCAC 13C .0302 - General Provisions 

No Response from Agency 
15 A NCAC 13C .0304 - Minimum Qualifications for Registered Env. Consultants 

No Response from Agency 
15A NCAC 13C .0306 - Technical Standards for Registered Environmental Consultants 

No Response from Agency 
15 A NCAC 18A .3106 - Abatement 

Agency Revised Rule 

Wildlife Resources Commission 

15 A NCAC 10F .0104 - Certificate of Number 

Agency Revised Rule 
15 A NCAC 10F .0105 - Numbering Pattern 

Agency Revised Rule 

HUMAN RESOURCES 



Obj. Cont'd 


09/19/96 


Obj. Cont'd 


09/19/96 


Eff 


10/01/96 


RRC Objection 


09/19/96 


Obj. Cont'd 


10/17/96 


RRC Objection 


09/19/96 


Obj. Cont'd 


10/17/96 


RRC Objection 


09/19/96 


Obj. Cont'd 


10/17/96 


RRC Objection 


07/18/96 


Obj. Removed 


08/15/96 


RRC Objection 


07/18/96 


Obj. Removed 


08/15/96 


RRC Objection 


07/18/96 


Obj. Removed 


08/15/96 



Facility Services 

10 NCAC 3R .0305 - Filing Applications 
Rule Withdrawn by Agency 

10 NCAC 3R . 1003 - State Medical Facilities Plan 
Rule Withdrawn by Agency 

10 NCAC 3R . 1127 - Required Staffing and Staff Training 
Rule Withdrawn by Agency 

10 NCAC 3R .2410 - Information Required of Applicant 

10 NCAC 3R .2412 - Staffing and Staff Training 

10 NCAC 3R .2510 - Information Required of Applicant 

10 NCAC 3R .2512 - Staffing and Staff Training 

10 NCAC 3R .2612 - Information Required of Applicant 

10 NCAC 3R .3030 - Facility and Service Need Determinations 

10 NCAC 3R .3040 - Reallocations and Adjustments 

10 NCAC 3R .3050 - Policies 

Definitions 

Preservice Requirements for Administrators 

Preservice Requirements for Teachers and Aides 

Application for Permits 

Criminal Record Check Requirements for Child Care Providers 

Criminal Record Check Reqs for Current Child Care Providers 



10/17/96 



10 NCAC 3U .0102 
10 NCAC 3U .0704 
10 NCAC 3U .0710 
10 NCAC 3U .2701 
10 NCAC 3U .2702 
10 NCAC 3U .2703 



10 NCAC 3U .2704 - Criminal Record Check Reqs for Nonregistered Home Providers 

Social Services Commission 

10 NCAC 41 F .0707 - Criminal Histories 

No Response from Agency 

Agency Revised Rule 
10 NCAC 41 F .0813 - Criminal History Checks 

No Response from Agency 

Agency Revised Rule 
10 NCAC 41F .0814 - Training Requirements 

No Response from Agency 

Agency Revised Rule 





10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


07/18/96 


Obj. Cont'd 


08/15/96 


Obj. Removed 


09/19/96 


RRC Objection 


07/18/96 


Obj. Cont'd 


08/15/96 


Obj. Removed 


09/19/96 


RRC Objection 


07/18/96 


Obj. Cont'd 


08/15/96 


Obj. Removed 


09/19/96 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1235 



RULES REVIEW COMMISSION 



INSURANCE 

11 NCAC 20 .0101 - Definitions 

Agency Revised Rule 
11 NCAC 20 .0402 - Organization Structure 

Agency Revised Rule 
11 NCAC 20 .0404 - Application 

Agency Revised Rule 
11 NCAC 20 .0406 - Provider Files 

Agency Revised Rule 
11 NCAC 20 .0501 - Program 

Agency Revised Rule 
11 NCAC 20 .0502 - Structure 

Agency Revised Rule 
11 NCAC 20 .0505 - Quality of Care Complaints 

Agency Revised Rule 
11 NCAC 20 .0701 - Accessibility of Providers 

Agency Withdrew Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 



EXAMINERS FOR NURSING HOME ADMINISTRATORS 

21 NCAC 37H .0102 - Continuing Education Programs of Study 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



07/18/96 
08/15/96 



PSYCHOLOGY BOARD 

21 NCAC 54 .1901 - Types 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



08/15/96 
09/19/96 



REVENUE 

17 NCAC 1C .0504 - EFT General Requirements 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



08/15/96 
09/19/96 



BOARD FOR LICENSING OF SODL SCDZNTISTS 

21 NCAC 69 .0102 - Duties of Officers 

Agency Revised Rule 
21 NCAC 69 .0302 - Definitions 

Agency Revised Rule 
21 NCAC 69 .0303 - Requirements 

Agency Revised Rule 
21 NCAC 69 .0304 - Units 

Agency Revised Rule 
21 NCAC 69 .0305 - Determination of Credit 

Agency Revised Rule 
21 NCAC 69 .0307 - Exemptions 

Agency Revised Rule 
21 NCAC 69 .0401 - Code of Professional Conduct 

Agency Revised Rule 
21 NCAC 69 .0402 - Rules of Conduct of Advertising 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 



TRANSPORTATION 



Division of Highways 

19A NCAC 2D .1102 - Definitions 

Agency Revised Rule 
19A NCAC 2D .1108- Goals 

Agency Revised Rule 
19 A NCAC 2D .1111 - Performance Related Replacement of Eligible Firms 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 



1236 



NORTH CAROLINA REGISTER 



November 1, 1996 



11:15 



RULES REVIEW COMMISSION 



Division of Motor Vehicles 

19A NCAC 3E .0511 - Registration of Interstate Authority 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



09/19/96 
10/17/96 



Public Transportation and Rail Division 

19A NCAC 6B .0412 - Procurements 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



08/15/96 
09/19/96 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1237 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



OFFICE OF ADMINISTRATrVE HEARINGS 

Chief Administrative Law Judge 
JULIAN MANN, HI 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRATIVE LAW JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 
Meg Scott Phipps 



Robert Roosevelt Reilly Jr. 
Dolores Nesnow Smith 
Thomas R. West 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

Douglas J. Register v. Department of Administration 

Purchase and Contract 

Budd Seed, Inc. v. Department of Administration 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Osama Arafat Sadar v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. James Eads Sprowles 
Cole Entertainment, Inc. v. Alcoholic Beverage Control Commission 
Fuad Saif Murshed v. Ale. Bev. Ctl. Comm. & Durham Mem. Bapt. Ch. 
Alcoholic Beverage Control Commission v. Tremik, Inc. 
Alcoholic Beverage Control Commission v. Maria Virginia Tramontane 
Alcoholic Beverage Control Commission v. Huffman Oil Co., Inc. 
Pinakin P. Talate v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Entrepreneur, Inc. 
Alcoholic Beverage Control Commission v. Zell, Inc. 
Alcoholic Beverage Control Commission v. Henry Franklin Gurganus 
Andrew Parker v. Alcoholic Beverage Control Commission 
Barraq Sabri Alquza v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Partnership T/A T & L Groceries 
Alcoholic Beverage Control Commission v. Cashion's Food Mart, Inc. 
Alcoholic Beverage Control Commission v. E.K.'s II, Inc. Carl E. Collins 
Bro Bee, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Donald Ray Doak 
Alcoholic Beverage Control Commission v. Janice Lorraine Jeter 
Alcoholic Beverage Control Commission v. Well Informed, Inc. 
Alcoholic Beverage Control Commission v. Kubbard, Inc. 
Alcoholic Beverage Control Commission v. Stemmermans's, Inc. 
George Wright and Alice Ramsuer v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Commission v. Bayron Green 



96 DOA 0172 Reilly 



96DOA0281 Chess 



08/16/96 



09/19/96 



95 ABC 0721 


Gray 


07/09/96 




95 ABC 0883* 7 


Gray 


07/10/96 




95 ABC 0917 


West 


08/21/96 


11:12 NCR 1027 


95 ABC 0922 


Chess 


04/24/96 




95 ABC 0925 


Morrison 


03/25/96 




95 ABC 


1200 


West 


04/23/96 




95 ABC 


1251 


West 


04/03/96 


11:03 NCR 166 


95 ABC 


1329 


West 


04/10/96 




95 ABC 


1363 


Reilly 


05/02/96 




95 ABC 


1366 


West 


06/17/96 




95 ABC 


1389 


West 


04/01/96 




95 ABC 


1402 


Phipps 


03/27/96 




95 ABC 


1424 


Phipps 


04/03/96 




95 ABC 


1443 


West 


03/26/96 




95 ABC 


1444 


Gray 


03/13/96 




95 ABC 


1458 


Chess 


08/12/96 




95 ABC 


1480 


West 


04/15/96 




95 ABC 


1488 


West 


03/29/96 




96 ABC 0013 


Reilly 


04/26/96 




96 ABC 0016 


Chess 


05/28/96 




96 ABC 0017 


Reilly 


05/20/96 




96 ABC 0018 


Chess 


05/28/96 




96 ABC 0058 


Becton 


04/16/96 




96 ABC 0097 


Becton 


08/23/96 





1238 



NORTH CAROLINA REGISTER 



November 1, 1996 



11:15 



CONTESTED CASE DECISIONS 



AGENCY 



Alcoholic Beverage Control Commission v. Robert Montgomery McKnight96 
Gerald Audry Sellars v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Jacqueline Robin Anthony 
Alcoholic Beverage Control Commission v. Factory Night Club, Inc. 
Alcoholic Beverage Control Commission v. C.N.H. Enterprises, Inc. 
Alcoholic Beverage Control Commission v. Millicent J. Green 
Ghassan Hasan Issa v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Abdethakeem Muraweh Saleh 96 
Alcoholic Beverage Control Commission v. Triangle Drive-In 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v. Giles Rozier 
Alcoholic Beverage Control Commission v. Clifton Franklin Smith 
Alcoholic Beverage Control Comra. v. Crown Central Petroleum Corp. 
Dilthra Smith Patton v. Alcoholic Beverage Control Commission 
Virginia Caporal v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. James Eads Sprowles 
Alcoholic Beverage Control Commission v. Albert S. Carter 
Alcoholic Beverage Control Comm. v. Centergrove Entertainment Ent. 
Joseph Marcel Etienne v. Alcoholic Beverage Control Commission 
Louis Corpening v. Alcoholic Beverage Control Commission 

COMMISSION FOR AUCTIONEERS 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


t96 ABC 0135 


Phipps 


05/09/96 


96 ABC 0160 


Becton 


06/25/96 


96 ABC 0184 


Phipps 


05/09/96 


96 ABC 0226 


Phipps 


08/02/96 


96 ABC 0232 


Becton 


07/09/96 


96 ABC 0234 


Nesnow Smith 


06/13/96 


96 ABC 0256 


Morrison 


05/23/96 


96 ABC 0381 


Chess 


08/27/96 


96 ABC 0443 


Reilly 


06/11/96 


96 ABC 0447 


Morrison 


08/30/96 


96 ABC 0448 


Morrison 


08/30/96 


96 ABC 0449 


Morrison 


08/30/96 


96 ABC 0450 


Morrison 


08/30/96 


96 ABC 0473 


Morrison 


09/19/96 


96 ABC 0474 


Reilly 


08/12/96 


96 ABC 0482 


Morrison 


10/18/96 


96 ABC 0505 


Morrison 


08/06/96 


96 ABC 0507 


Becton 


10/04/96 


96 ABC 0526* 7 


Gray 


07/10/96 


96 ABC 0534 


Morrison 


08/05/96 


96 ABC 0583 


Reilly 


08/12/96 


96 ABC 0718 


Phipps 


10/17/96 


96 ABC 0985 


Gray 


09/26/96 



PUBLISHED DECISION 
REGISTER CITATION 



11:08 NCR 564 



:13 NCR 1085 



John W. Foster v. Auctioneer Licensing Board 
Barry G. York v. Auctioneer Licensing Board 

DEPARTMENT OF CORRECTION 

James J. Lewis v. Department of Correction 
CRIME CONTROL AND PUBLIC SAFETY 



96 CFA 0201 
96 CFA 0297 



96 DOC 0772 



Phipps 
Nesnow Smith 



West 



05/06/96 
10/18/96 



09/05/96 



Roland Lee Kelly, Jr. v. United Family Services, Victim Assistance/Crime 95 

Victims Compensation Comm. 
Robert F. Bronsdon v. Crime Victims Compensation Commission 
Helen B. Hunter-Reid v. Crime Victims Compensation Commission 
Deborah C. Passarelli v. Crime Victims Compensation Commission 
Keaneth Saunders v. Victims Compensation Commission 
Franklin McCoy Jones v. Crime Victims Compensation Commission 
Ruby H. Ford v. Crime Victims Compensation Commission 
Manuel Cervantes v. Victims Compensation Fund 
Sheila Carol Blake v. Victims Compensation Commission 
James T. Mungo v. Victims Compensation Commission 
Jerome Crutchfield v. CPS, Victims Compensation Commission 
William Theodore Frazier v. Crime Victims Compensation Commission 
Emma Coble v. Crime Victims Compensation Commission 
Donna Williams v. Crime Victims Compensation Commission 
Anthony P. Dawkins v. Crime Victims Compensation Commission 
Shirley M. King v. Crime Victims Compensation 

Mark Matthews for Child Victim v. Crime Victims Compensation Comm. 96 
Clara Durham v. Victims Compensation 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



95 CPS 0568 


Morrison 


05/29/96 




95 CPS 1216 


Chess 


05/28/96 




95 CPS 1336 


Nesnow Smith 


03/29/96 


11:02 NCR 93 


95 CPS 1399 


Reilly 


07/18/96 


11:09 NCR 814 


95 CPS 1445 


Chess 


03/26/96 




96 CPS 0056 


Nesnow Smith 


07/03/96 




96 CPS 0110 


Reilly 


04/18/96 




96 CPS 0118 


Chess 


03/19/96 




96 CPS 0280 


West 


07/10/96 




96 CPS 0333 


Reilly 


07/09/96 




96 CPS 0340 


Phipps 


09/05/96 




96 CPS 0435 


Chess 


08/22/96 




96 CPS 0468 


Chess 


09/25/96 




96 CPS 0493 


Morrison 


06/13/96 




96 CPS 0716 


Reilly 


08/16/96 




96 CPS 0802 


West 


08/08/96 




96 CPS 0832 


Becton 


08/20/96 




96 CPS 0906 


Phipps 


09/23/96 





Gribble & Assoc. & Four Seasons Car Wash v. EHNR 

Wilton Evans v. Environment, Health, & Natural Resources 

David Martin Shelton v. Rockingham County Dept/Puhlic Health, EHNR 

Kinston Urological Associates, P. A. v. N.C. Cancer Program 

Kinston Urological Associates, P. A. v. N.C. Cancer Program 

Elsie & Tony Cecchini v. Environment, Health, & Natural Resources 

United Organics Corporation v. Environment, Health, & Natural Res. 

Gerald Mac Clamrock v. Environment, Health, & Natural Resources 

John Milazzo v. Environment, Health, & Natural Resources 

Wayne Marshall, Pres. Metro Area Dev., Inc. v. EHNR 

David J. Mohn v. Environment, Health, & Natural Resources 



95 EHR 0576 


Gray 


04/25/96 






95 EHR 0843 


Reilly 


07/17/96 






95 EHR 0941 


West 


05/01/96 






95 EHR 1198* 2 


Nesnow Smith 


03/27/96 


11:02 NCR 


97 


95 EHR 1199* 2 


Nesnow Smith 


03/27/96 


11:02 NCR 


97 


95 EHR 1240 


Reilly 


04/22/96 






96 EHR 0064 


Nesnow Smith 


07/01/96 






96 EHR 0168 


Phipps 


05/06/96 






96 EHR 0644 


Reilly 


08/13/96 






96 EHR 0826 


West 


10/01/96 






96 EHR 0947 


Nesnow Smith 


10/04/96 







11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1239 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Coastal Resources 

Martin W. Synger v. Division of Coastal Management 95 EHR 1006 

J. E. Smith Construction Co. v. Division of Coastal Management 96 EHR 0074 

Theodore D. Barris v. Town of Long Beach, NC & Coastal Mgmt, EHNR96 EHR 0277 

Environmental Health 



Forest Gate Motel v. Environment, Health, and Natural Resources 
Paradise Ridge Home Owners by Anne Norburn v. EHNR, Env. Health 

Environmental Management 

Frank A. Corriher & Sons Well Drilling, Inc. v. Env. Mgmt., EHNR 
Herman E. Smith v. Division of Environmental Management 
Conover Lumber Co., Inc. v. EHNR, Division of Environmental Mgmt. 
City of Reidsville, a Municipal Corp. v. EHNR, Environmental Mgmt. 
Jack West d/b/a Jack West Tree Service v. Environmental Mgmt. Comm. 
The Smithfield Packing Co., Inc., v. EHNR, Environmental Mgmt. 
and 
Citizens for Clean Industry, Inc. and Bladen Environment 
Rayco Utilities, Inc. v. EHNR, Division of Environmental Management 
Clover M Farms, Inc. v. EHNR, Division of Environmental Management 
Providence Glen Associates v. Environmental Management, EHNR 



96 EHR 0076 
96 EHR 0162 



Chess 


05/13/96 


Ncsnow Smith 


02/23/96 


West 


05/09/96 



West 
Phipps 



06/17/96 
05/06/96 



95 EHR 0048 


Phipps 


09/20/96 


11:14 NCR 1191 


95 EHR 0962 


West 


04/30/96 




95 EHR 1081 


Reilly 


04/12/96 




95 EHR 1335 


Gray 


10/01/96 


11:15 NCR 1249 


95 EHR 1421 


Morrison 


04/08/96 




95 EHR 1474 


West 


07/03/96 




96 EHR 0367 


Becton 


10/04/96 




96 EHR 0405 


Becton 


06/10/96 




96 EHR 0648 


Becton 


08/12/96 





Land Resources 

K&G Properties, Inc. v. EHNR, Division of Land Resources 

Marine Fisheries 



95 EHR 1078 



Robert I. Swinson, Sr. v. EHNR, Health & Nat. Res., Marine Fisheries 95 EHR 0320 
Grayden L. Fulcher and Michael Styron, Sr. v. Div. of Marine Fisheries 96 EHR 0003 
Johnny R. Stotesberry v. Marine Fisheries Commission 96 EHR 0072 



Radiation Protection 

Marsha L. Powell v. EHNR, Division of Radiation Protection 



96 EHR 1116 



Nesnow Smith 



Nesnow Smith 



03/25/96 



Chess 


03/29/96 


11:03 NCR 168 


Reilly 


03/06/96 




Gray 


08/19/96 


11:11 NCR 955 



10/10/96 



SoHd Waste Management 

R. Donald Phillips v. EHNR, Solid Waste Management Division 
R. Donald Phillips v. EHNR, Solid Waste Management Division 

WIC Program 



95 EHR 1190* 4 

96 EHR 0554* 4 



Lazelle Marks v. EHNR, Division of Maternal and Child Health 95 EHR 0870 

Hani Sader v. Nutrition Services, Div/Maternal & Child Health, EHNR 96 EHR 0054 
Bob's Quick Mart, Bobby D. Braswell v. Env., Health, & Natural Res. 96 EHR 0091 
Larry E. Mis v. USDA-Food/Cons Svc, Cory Menees-WIC Prog., EHNR 96 EHR 0164 
Naser H. Hammad v. Dept. of Environment, Health, & Natural Resources 96 EHR 0632 
Jamil M. Saleh v. Dept. of Environment, Health, & Natural Resources 96 EHR 0634 
Khaled M. Alzer v. Dept. of Environment, Health, & Natural Resources 96 EHR 0721 



EQUAL EMPLOYMENT OPPORTUNITIES 

Marsha Dianne McKoy v. DHR, DMH/DD/SAS, Caswell Center 
Carl D. Davis v. Department of Correction 

HUMAN RESOURCES 



90 EEO 0379 

91 EEO 1101 



Gray 
Gray 



Chess 
Nesnow Smith 



05/22/96 
05/22/96 



West 


03/27/96 


West 


05/22/96 


Nesnow Smith 


04/02/96 


Phipps 


03/19/96 


Reilly 


07/09/96 


Phipps 


09/04/96 


Reilly 


07/30/96 



10/14/96 
05/06/96 



Cassandra M. Deshazo v. Christine E. Carroll, Chf Chid Abuse/Neg. Sec. 95 DHR 1410 
Medicus Robinson v. Department of Human Resources 96 DHR 0167 



Division of Child Development 

Molly Fallin v. Department of Human Resources 
Molly Fallin v. Department of Human Resources 



94 DHR 0S72* 5 

95 DHR 1013* 5 



Phipps 
Nesnow Smith 



Gray 
Gray 



03/28/96 
04/12/96 



05/15/96 
05/15/96 



1240 



NORTH CAROLINA REGISTER 



November 1, 1996 



11:15 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Mary T. Hill v. DHR, Division of Child Development 95 DHR 1192 

Iola Robereon v. DHR, Division of Child Development 95 DHR 1244 

Zannie M. Allen v. DHR, Division of Child Development 96 DHR 0304 

Division of Facility Services 

Eloise Brown v. Dept. of Human Resources, Division of Facility Services 95 DHR 1002 

Harry Martin Bastian v. DHR, Division of Facility Services 96 DHR 0287 

Community Care #1 v. DHR, Division of Facility Services 96 DHR 0934 

Community Care #4 v. DHR, Division of Facility Services 96 DHR 0935 

Certificate of Need Section 



Nash Hospitals, Inc. v. DHR, Div/Facility Services, Cert, of Need Sect. 
Pitt Cty Mem. Hospital, Inc. v. DHR, Div/Facility Sries, Cert/Need Sect. 

Group Care Licensure Section 

Alex L. McCall v. DHR, Div/Facility Svcs, Group Care Licensure Sec. 
DHR, Facility Services, Group Care Licensure Sect. v. Petrova Evans 
Leola Barnes, Shaw Family Care v. DHR, Fac. Svcs, Group Care Lie. 
Gracelane Rest Home v. Group Care Lie. Section, Div. of Soc. Svcs. 

Medical Facilities Licensure Section 



PhippB 

Gray 

Gray 



03/27/96 
05/16/96 
08/15/96 



Phipps 


03/07/96 


West 


08/21/96 


Becton 


10/16/96 


Becton 


10/16/96 



95 DHR 1176* 5 


Phipps 


05/23/96 


11:06 NCR 389 


95 DHR 1177* 5 


Phipps 


05/23/96 


11:06 NCR 389 



95 DHR 1456 


Nesnow Smith 


03/26/96 


96 DHR 0544 


Phipps 


08/21/96 


96 DHR 0626 


West 


10/01/96 


96 DHR 0944 


Becton 


10/16/96 



Deborah Reddick v. Department of Human Resources 

Stacey Yvette Franklin v. Facility Services, Medical Facilities Lie. Sec. 

Division of Medical Assistance 



96 DHR 0240 
96 DHR 0358 



Judy Malcuit, Re Melissa Malcuit v. DHR, Div. of Medical Assistance 96 DHR 0129 
Durham Reg. Hsptl, Behavioral Hlth Svcs. v. Medical Assistance, DHR 96 DHR 0637 
Jerry Heath v. DHR, Division of Medical Assistance 96 DHR 0752 



Reilly 
Morrison 



06/18/96 
05/16/96 



Gray 


06/12/96 


West 


09/20/96 


Chess 


10/07/96 



Division of Social Services 

Crystean Fields v. Department of Human Resources 95 DHR 1001 

Rozena Chambliss v. Department of Human Resources 95 DHR 1044 

Addie & Major Short v. Department of Human Resources 95 DHR 1063 

Mr. and Mrs. Jessie Stevenson v. DHR, Division of Social Services 95 DHR 1072 
William G. Fisher v. DHR, Div. of Social Services, Prog Integrity Branch 95 DHR 1234 

Verna F. Nunn v. Department of Human Resources 95 DHR 1330 

Nancy Hooker, Helen Tyndall v. Department of Human Resources 96 DHR 0155 

Child Support Enforcement Section 



Donald E. Rideout Jr. v. Department of Human Resources 
Christopher F. Roakes v. Department of Human Resources 
Claude Eure Jr. v. Department of Human Resources 
Richard R. Fox, Sr. v. Department of Human Resources 
Joselito D. Pilar v. Department of Human Resources 
David Lee Grady v. Department of Human Resources 
Patrick Orlando Crump v. Department of Human Resources 
Peter Robert Kovolsky v. Department of Human Resources 
Tony Lee Zapata v. Department of Human Resources 
Lawrence Dow Dean v. Department of Human Resources 
Carl E. Coffey v. Department of Human Resources 
Keith Dewayne Senters v. Department of Human Resources 
Lonnie Dawes v. Department of Human Resources 
Mickey Turner v. Department of Human Resources 
James Joseph Gallagher v. Department of Human Resources 
James Thomas McRae v. Department of Human Resources 
Vincent E. Koehler v. Department of Human Resources 
David J. Moseley v. Department of Human Resources 
Derrick L. Conyere v. Department of Human Resources 
Charles Edward Smith v. Department of Human Resources 
Kevin Vereen v. Department of Human Resources 
James Curtis Witwer v. Department of Human Resources 



Gray 

Nesnow Smith 

Morrison 

Phipps 

Morrison 

Gray 

Gray 



07/05/96 
03/12/96 
03/19/96 
03/15/96 
03/19/96 
04/11/96 
04/26/96 



95 CSE 0952 


Reilly 


04/18/96 


95 CSE 1131 


Becton 


05/03/96 


95 CSE 1155 


Phipps 


06/12/96 


95 CSE 1169 


Becton 


03/19/96 


95 CSE 1180 


Chess 


03/01/96 


95 CSE 1218 


Morrison 


03/26/96 


95 CSE 1221 


Nesnow Smith 


03/05/96 


95 CSE 1230 


Becton 


03/11/96 


95 CSE 1266 


Gray 


05/02/96 


95 CSE 1267 


Morrison 


03/29/96 


95 CSE 1270 


Nesnow Smith 


03/15/96 


95 CSE 1273 


PhippB 


04/01/96 


95 CSE 1274 


Nesnow Smith 


06/12/96 


95 CSE 1278 


Nesnow Smith 


03/14/96 


95 CSE 1280 


Chess 


03/19/96 


95 CSE 1296 


Chess 


03/15/96 


95 CSE 1301 


Phipps 


05/09/96 


95 CSE 1304 


Chess 


03/29/96 


95 CSE 1308 


Reilly 


03/13/96 


95 CSE 1309 


West 


03/07/96 


95 CSE 1315 


Phipps 


05/06/96 


95 CSE 1331 


Becton 


03/26/96 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1241 



CONTESTED CASE DECISIONS 



AGENCY 



Thornell Bowden v. Department of Human Resources 
Henry S. Sada v. Department of Human Resources 
Charles F. Moore v. Department of Human Resources 
Daniel Leslie Baker v. Department of Human Resources 
Kenneth L. Lindsey v. Department of Human Resources 
John L. Pike v. Department of Human Resources 
Wm. R. Evans v. Department of Human Resources 
Rory J. Curry v. Department of Human Resources 
Lorin A. Brown v. Department of Human Resources 
Marcus Anthony Butts v. Department of Human Resources 
Cynthia Pinder v. Department of Human Resources 
Rhonnie J. Williams v. Department of Human Resources 
Ramon Domenech v. Department of Human Resources 
Lennard J. Watson V. Department of Human Resources 
Dennis L. McNeill v. Department of Human Resources 
Tony A. Rogers v. Department of Human Resources 
Rick E. Atkins v. Department of Human Resources 
Timothy A. Ratley (Jeanes) v. Department of Human Resources 
Richard E. Reader v. Department of Human Resources 
Wende! McDonald v. Department of Human Resources 
Wilbur Dewayne Bault v. Department of Human Resources 
Reginald B. Bratton Sr. v. Department of Human Resources 
James C. Smith v. Department of Human Resources 
Ronald D. Johnson v. Department of Human Resources 
Johnny Leary v. Department of Human Resources 
Jimmy Strickland v. Department of Human Resources 
John W. Scott v. Department of Human Resources 
Calvin S. Austin v. Department of Human Resources 
Derek Henslee V. Department of Human Resources 
Donald L. Carr, Jr. v. Department of Human Resources 
Norman Waycaster v. Department of Human Resources 
Andre Duncan v. Department of Human Resources 
Lorenzo Wilson V. Department of Human Resources 
Mark Kevin Burns v. Department of Human Resources 
Cyril Lloyd Payne v. Department of Human Resources 
Charles H. Johnson v. Department of Human Resources 
Willie James Myers v. Department of Human Resources 
Christopher F. Byrne v. Department of Human Resources 
Richard Painall Burch v. Department of Human Resources 
Charles Gillispie v. Department of Human Resources 
Teresa Reynolds v. Department of Human Resources 
Thornell Bowden v. Department of Human Resources 
Kenneth Edward Burns v. Department of Human Resources 
Carl R. Ritter v. Department of Human Resources 
William Charles Rorie v. Department of Human Resources 
Leon Gibson v. Department of Human Resources 
Dioni Delvalle, II v. Department of Human Resources 
Gerald Roger Beachum Jr. v. Department of Human Resources 
Anderson I. Wardlow v. Department of Human Resources 
Daniel J. Carter v. Department of Human Resources 
Kelvin Tarlton v. Department of Human Resources 
Steven Craig Mooney v. Department of Human Resources 
John L. Cherry Jr. v, Department of Human Resources 
Arthur Jemerson v. Department of Human Resources 
Michael S. Covington v. Department of Human Resources 
Gary Steele v. Department of Human Resources 
Terry Sealey v. Department of Human Resources 
Jackie L. Kopczick v. Department of Human Resources 
Virginia McDowell Ramsey v. Department of Human Resources 
D. Wayne Gray v. Department of Human Resources 
Claude R. Anderson v. Department of Human Resources 
Alan Kendell Loeklear v. Department of Human Resources 
Douglas F. McBryde v. Department of Human Resources 
Thomas White v. Department of Human Resources 
James Trevor Emerson v. Department of Human Resources 
Ray Davis Hood v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
John William White v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


95 CSE 1345 


Morrison 


03/07/96 


95 CSE 1367 


Nesnow Smith 


03/21/96 


95 CSE 1369 


Chess 


03/27/96 


95 CSE 1373 


Morrison 


03/12/96 


95 CSE 1375 


West 


06/24/96 


95 CSE 1376 


Nesnow Smith 


03/21/96 


95 CSE 1377 


Becton 


03/11/96 


95 CSE 1380 


Mann 


03/15/96 


95 CSE 1382 


Reilly 


04/18/96 


95 CSE 1405 


Nesnow Smith 


03/27/96 


95 CSE 1406 


Becton 


03/11/96 


95 CSE 1407 


Chess 


05/06/96 


95 CSE 1408 


Phipp* 


03/11/96 


95 CSE 1414 


Mann 


08/23/96 


95 CSE 1435 


Becton 


03/13/96 


95 CSE 1436 


Chess 


05/16/96 


95 CSE 1437 


Phipps 


04/01/96 


95 CSE 1465 


Morrison 


03/26/96 


95 CSE 1469 


Nesnow Smith 


04/29/96 


95 CSE 1470 


Becton 


07/29/96 


95 CSE 1475 


West 


03/13/96 


96 CSE 0002 


Mann 


08/23/96 


96 CSE 0034 


Gray 


05/10/96 


96 CSE 0084 


Nesnow Smith 


03/27/96 


96 CSE 0085 


Becton 


05/03/96 


96 CSE 0119 


Chess 


07/08/96 


96 CSE 0130 


Mann 


03/15/96 


96 CSE 0140 


Phipps 


05/17/96 


96 CSE 0188 


Reilly 


05/17/96 


96 CSE 0200 


West 


05/30/96 


96 CSE 0245 


Becton 


05/16/96 


96 CSE 0249 


Chess 


09/25/96 


96 CSE 0257 


Phipps 


05/06/96 


96 CSE 0271 


Morrison 


06/24/96 


96 CSE 0272 


Reilly 


05/31/96 


96 CSE 0295 


West 


07/15/96 


96 CSE 0299 


Becton 


07/19/96 


96 CSE 0336 


Chess 


06/26/96 


96 CSE 0339 


Phipps 


06/27/96 


96 CSE 0365 


Mann 


07/23/96 


96 CSE 0369 


Gray 


07/23/96 


96 CSE 0370 


Morrison 


05/17/96 


96 CSE 0379 


Reilly 


07/18/96 


96 CSE 0380 


West 


05/08/96 


96 CSE 0388 


Nesnow Smith 


08/01/96 


96 CSE 0389 


Becton 


07/02/96 


96 CSE 0407 


Chess 


07/17/96 


96 CSE 0411 


Phipps 


06/24/96 


96 CSE 0412 


Mann 


08/05/96 


96 CSE 0417 


Gray 


06/24/96 


96 CSE 0424 


Morrison 


05/29/96 


96 CSE 0425 


Reilly 


07/08/96 


96 CSE 0426 


West 


06/24/96 


96 CSE 0427 


Nesnow Smith 


08/01/96 


96 CSE 0428 


Becton 


08/02/96 


96 CSE 0429 


Chess 


08/26/96 


96 CSE 0430 


Phipps 


05/29/96 


96 CSE 0431 


Mann 


06/05/96 


96 CSE 0464 


Gray 


08/02/96 


96 CSE 0465 


Morrison 


08/02/96 


96 CSE 0502 


Reilly 


07/22/96 


96 CSE 0503 


West 


05/30/96 


96 CSE 0518 


Becton 


08/19/96 


96 CSE 0519 


Chess 


08/29/96 


96 CSE 0545 


Phipps 


07/25/96 


96 CSE 0547 


Mann 


09/12/96 


96 CSE 0557 


Morrison 


08/08/96 


96 CSE 0558 


Reilly 


08/14/96 



PUBLISHED DECISION 
REGISTER CITATION 



1242 



NORTH CAROLINA REGISTER 



November 1, 1996 



11:15 



CONTESTED CASE DECISIONS 



AGENCY 



Hazel L. Walker v. Department of Human Resources 

Tayloria Y. Manns v. Department of Human Resources 

Carl S. McNair v. Department of Human Resources 

David Agurs v. Department of Human Resources 

King Sanders Jr. v. Department of Human Resources 

Sandra Kay Carpenter v. Department of Human Resources 

Christopher Clyde Barrino Jr. v. Department of Human Resources 

Clinton Sutton v. Department of Human Resources 

Dave L. James v. Department of Human Resources 

Jonathan Bernard Copper v. Department of Human Resources 

Lisa Privette v. Department of Human Resources 

Franklin D. Deese v. Department of Human Resources 

Jan Smith Osborne v. Department of Human Resources 

Mark Allen Rose Sr. v. Department of Human Resources 

Mark P. CroBby v. Department of Human Resources 

Renee G. Arriola v. Department of Human Resources 

Melinda S. Tunner v. Department of Human Resources 

Jeanne G. Bishop v. Department of Human Resources 

Rebecca Beaver v. Department of Human Resources 

Vivian B. White v. Department of Human Resources 

Mary R. Mahon v. Department of Human Resources 

Mary R. Mahon v. Department of Human Resources 

Laura Heidorf v. Department of Human Resources 

Lois Floyd Barber v. Department of Human Resources 

Debra D. Hammonds v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


96 CSE 0559 


West 


06/24/96 


96 CSE 0564 


Nesnow Smith 


08/15/96 


96 CSE 0568 


Becton 


06/24/96 


96 CSE 0580 


Chess 


06/13/96 


96 CSE 0581 


Phipps 


08/22/96 


96 CSE 0595 


Gray 


08/29/96 


96 CSE 0603 


Morrison 


08/26/96 


96 CSE 0629 


Reilly 


08/29/96 


96 CSE 0638 


West 


07/15/96 


96 CSE 0642 


Phipps 


09/03/96 


96 CSE 0651 


Becton 


09/30/96 


96 CSE 0690 


Mann 


07/23/96 


96 CSE 0703 


Gray 


10/04/96 


96 CSE 0732 


Morrison 


09/30/96 


96 CSE 0733 


Reilly 


09/30/96 


96 CSE 0790 


Becton 


08/14/96 


95 DCS 0921 


Morrison 


05/09/96 


95 DCS 0958 


West 


04/04/96 


95 DCS 1114 


Reilly 


04/26/96 


95 DCS 1115 


Phipps 


06/04/96 


95 DCS 1137** 


Chess 


06/11/96 


95 DCS 1 142* 4 


Chess 


06/11/96 


96 DCS 0065 


Reilly 


03/22/96 


96 DCS 0176 


Gray 


07/30/96 


96 DCS 0792 


Chess 


10/08/96 



PUBLISHED DECISION 
REGISTER CITATION 



INSURANCE 



Carol M. Hall v. Teachers & State Employees Comp. Major Medical Plan 95 INS 1141 Phipps 04/01/96 

Arthur Wayne Dempsey v. Department of Insurance 95 INS 1255 Nesnow Smith 04/22/96 

Deborah B. Beavers v. Teachers & St. Emp. Comp. Major Med. Plan 95 INS 1411 Nesnow Smith 05/10/96 

Nadia A. Hakim v. Department of Insurance 95 INS 1422 Nesnow Smith 03/26/96 

Kathleen D. Jarvis v. Teachers & St. Emp. Comp. Major Med. Plan 96 INS 0075 Morrison 10/16/96 

Mary Alice Casey v. Department of Insurance 96 INS 0148 Reilly 08/14/96 



11:05 NCR 308 



JUSTICE 



Wendy Atwood v. Department of Justice (Company Police Program) 96 DOJ 0111 Chess 

Deborah K. Torrance v. Company Police Program Administrator 96 DOJ 0363 Becton 



08/07/96 
08/14/96 



Education and Training Standards Division 



Freddie Levern Thompson v. Criml. Justice Ed. & Training Stds. Comm. 

Shane Douglas Crawford v. Sheriffs' Ed. & Training Stds. Comm. 

Charles Henry Daniels v. Criml. Justice Ed. & Training Stds. Comm. 

Valerie Maxine Brewington v. Criml. Justice Ed. & Training Stds. Comm. 

Patricia Josephine Bonanno v. Sheriffs' Ed. & Training Stds. Comm. 

Douglas Allan Stuart v. Sheriffs' Ed. & Training StdB. Comm. 

Rick M. Evoy v. Criminal Justice Ed. & Training Stds. Comm. 

Windell Daniels v. Criminal Justice Ed. & Training Stds. Comm. 

Gregory Lee Daughtridge v. Sheriffs' Ed. & Training Stds. Comm. 

Shcrrie Ann Gainey v. Sheriffs' Ed. & Training Stds. Comm. 

Stuart Hugh Rogers v. Sheriffs' Ed. & Training Stds. Comm. 

Brian Thomas Craven v. Sheriffs' Ed. & Training Stds. Comm. 

Larry D. Weston v. Sheriffs' Ed. & Training Stds. Comm. 

Carlton Gerald v. Criminal Justice Ed. & Training Stds. Comm. 

Ken Montie Oxendine v. Criminal Justice Ed. & Training Stds. Comm. 

James Leon Hunt v. Criminal Justice Ed. &. Training Stds. Comm. 

David Kent Knight v. Sheriffs' Ed. & Training Stds. Comm. 

Demetrius Arnez Brown v. Criminal Justice Ed. & Training Stds. Comm. 

Claude F. Nunnery v. Sheriffs' Ed. & Training Stds. Comm. 

John Charles Maloney v. Sheriffs' Ed. & Training Stds. Comm. 

Jimmie L. Cooper v. Sheriffs' Ed. & Training Stds. Comm. 

Jerry Glenn Monette v. Sheriffs' Ed. & Training Stds. Comm. 

Carlton Gerald v. Criminal Justice Ed. & Training Stds. Comm. 

Woodrow Andrew Clark v. Criminal Justice Ed. & Training Stds. Comm. 

Warren Scott Nail v. Criminal Justice Ed. & Training Stds. Comm. 

Zoriana Lyczkowski v. Sheriffs' Ed. & Training Stds. Comm. 



95 DOJ 0731 


Chess 


02/29/96 




95 DOJ 0943 


Reilly 


05/17/96 




95 DOJ 1070 


West 


06/12/96 




95 DOJ 1 129 


Nesnow Smith 


04/12/96 




95 DOJ 1152 


Chess 


03/25/96 




95 DOJ 1189 


Morrison 


06/06/96 




95 DOJ 1235 


Chess 


03/25/96 




95 DOJ 1320 


Gray 


07/24/96 




96 DOJ 0027 


Reilly 


03/19/96 




96 DOJ 0028 


Becton 


08/09/96 




96 DOJ 0029 


West 


06/18/96 




96 DOJ 0036 


Gray 


07/09/96 




96 DOJ 0037 


Nesnow Smith 


06/12/96 




96 DOJ 0068 


Gray 


03/26/96 




96 DOJ 0071 


West 


03/28/96 




96 DOJ 0077 


Phipps 


07/25/96 




96 DOJ 0115 


West 


03/28/96 




96 DOJ 0138 


Becton 


08/09/96 




96 DOJ 0305 


Gray 


08/28/96 




96 DOJ 0306 


Nesnow Smith 


08/16/96 




96 DOJ 0352 


Morrison 


07/12/96 




96 DOJ 0420 


Morrison 


07/26/96 11:10 NCR 874 


96 DOJ 0432 


Becton 


08/07/96 




96 DOJ 0515 


West 


10/07/96 




96 DOJ 0576 


Becton 


08/07/96 




96 DOJ 0619 


Morrison 


10/21/96 





11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1243 



CONTESTED CASE DECISIONS 



AGENCY 



George Willie Gilliam v. Sheriffs' Ed. & Training Stds. Comm. 
Glenn R. Brammer v. Sheriffs' Ed. & Training Standards Comm. 
Timothy Wayne Fulford v. Sheriffs' Ed. & Training Stds. Comm. 
Brent Lee Millsaps v. Sheriffs' Ed. & Training Stds. Comm. 

Private Protective Services Board 

Timothy A. Hawkins v. Private Protective Services Board 
William F. Combs v. Private Protective Services Board 
Randy C. Hoyle v. Private Protective Services Board 
Robert A. Gibson v. Private Protective Services Board 
Jimmy D. Matthews v. Private Protective Services Board 
Johnnie Lee King v. Private Protective Services Board 
Thomas R. Harris v. Private Protective Services Board 
Private Protective Services Board v. Henry E. Byrd, Jr. 
Larry Boggs v. Private Protective Services Board 
Private Protective Services Board v. Charles T. Mathis 
Private Protective Services Board v. Ricky C. Mullinax 
Private Protective Services Board v. Michael A. Smith 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


96 DOJ 0656 


Morrison 


08/02/96 


96 DOJ 0839 


Nesnow Smith 


09/05/96 


96 DOJ 0840 


Nesnow Smith 


09/16/96 


96 DOJ 0841 


Chess 


09/24/96 



PUBLISHED DECISION 
REGISTER CITATION 



95 DOJ 1419 


West 


04/12/96 


96 DOJ 0022 


West 


03/22/96 


96 DOJ 0024 


Nesnow Smith 


06/10/96 


96 DOJ 0386 


Nesnow Smith 


07/03/96 


96 DOJ 0676 


Reilly 


07/11/96 


96 DOJ 0677 


Reilly 


07/11/96 


96 DOJ 0761 


Reilly 


07/11/96 


96 DOJ 0796 


Mann 


08/19/96 


96 DOJ 0797 


Morrison 


10/10/96 


96 DOJ 0798 


Mann 


08/27/96 


96 DOJ 0800 


Becton 


10/04/96 


96 DOJ 0801 


Becton 


10/09/96 



MEDICAL BOARD 

Medical Board v. Martin A. Hatcher, M.D. 
PUBLIC INSTRUCTION 



92 BME 0510 Gray 



La vera K. Suggs v. NC Board of Education 

J.T.S. & T.S., Parents of E.M.S. v. Chapel Hill-Carrboro City Schl. Sys. 

L.O. v. Charlotte-Mecklenburg Board of Education 

Candyce Ewanda Newsome v. Hertford County Board of Education 

W. and G.B., on Behalf of C.B. v. Winston-Salem/Forsyth Cty. Schools 

Cyvonne Rush Bryant v. NC State Board of Education 

Steve Wright Brown v. State Board of Education 

Blaise Malveau v. Cumberland County Board of Education 

Blaise Malveau v. Cumberland County Board of Education 

John Barlow v. Watauga County Board of Education 

John L. Archer v. Department of Public Instruction 

Pamela F. Cumming6 v. Department of Public Instruction 

Susie Whitley/Brandon Whitley v. Charlotte-Mecklenburg Bd. of Ed. 

Michael Wayne Geter v. Charlotte-Mecklenburg School Board 

STATE PERSONNEL 



06/28/96 



95 EDC 0383 


Nesnow 


Smith 


03/13/96 


95 EDC 1194 


Mann 




04/12/96 


96 EDC 0285 


Mann 




05/31/96 


96 EDC 0344 


Chess 




05/15/96 


96 EDC 0349 


Mann 




09/03/96 


96 EDC 0591 


Becton 




09/11/96 


96 EDC 0593 


Reilly 




10/11/96 


96 EDC 0613 


Chess 




08/14/96 


96 EDC 0614 


Chess 




08/14/96 


96 EDC 0623 


Reilly 




07/24/96 


96 EDC 0678 


Nesnow Smith 


08/02/96 


96 EDC 0742 


Nesnow 


Smith 


08/16/96 


96 EDC 0964 


Chess 




09/17/96 


96 EDC 1036 


West 




09/23/96 



11:08 NCR 555 



11:01 NCR 50 



Department of Administration 

Jimmie A. Hughes, Jr. v, Department of Administration 96 

Jonathan L. Fann v. Department of Administration, Admin. Personnel 96 

Carlton Gerald v. State Capitol Police, Department of Administration 96 



Administrative Office of the Court 

Ethel R. Tyson v. NC Judicial Dept., Administrative Office of the Court 96 OSP 0080 
Appalachian State University 



Janice S. Walton v. Appalachian St University, Claude Cooper, Bill Ragan96 
Janice S. Carroll v. Appalachian St University, Claude Cooper, Bill Ragan96 
Theresa Louise Whittington v. Applachian State University 96 



OSP 0008 


Reilly 


07/23/96 


OSP 0042 


Gray 


05/24/96 


OSP 0116 


Gray 


04/25/96 



A & T State University 

Joey M. Carey v. A & T State University 

Caldwell County 

Blalce C. Pace V. Caldwell County 

NC Central University 



96 OSP 0393 



96 OSP 0047 



Nesnow Smith 



West 



Morrison 



03/15/96 



OSP 0062 


West 


03/13/96 


OSP 0063 


West 


03/07/96 


OSP 0350 


Nesnow Smith 


10/09/96 



10/10/96 



04/01/96 



1244 



NORTH CAROLINA REGISTER 



November 1, 1996 



11:15 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Francina Y. Tate v. Chancellor Julius L. Chambers, NC Central Univ. 
Renee Lynch v. NC Central University 

Central North Carolina School for the Deaf 

Felicia S. Milton v. Central North Carolina School for the Deaf 



95 OSP 1432 
95 OSP 1461 



Nesnow Smith 
Nesnow Smith 



95 OSP 1241 Che 



04/22/96 
10/03/96 



05/17/96 



11:15 NCR 1255 



Department of Correction 

Haydee Craver v. Department of Correction, Pender Correctional Inst. 95 
Gregory Allen Jones v. Department of Correction, Supt. Bonnie Boyette 95 
Carolyn Cheek v. Department of Correction 95 

Calvia L. Hill v. Department of Correction, McCain Correctional Hospital 95 

96 
96 
96 
96 
96 
96 



Alisha Louise Staley v. Randolph Correctional Center 

Brenda Propst v. Foothills Correctional Institution 

Delon D. Solomon v. Department of Correction 

Alisha Louise Staley v. Randolph Correctional Center 

Haydee C. Craver v. Department of Correction, Christopher Phillips 

Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 

v. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 96 

v. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 96 

v. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 96 

v. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 96 

v. Department of Correction 
Rebecca A. Faison v. Department of Correction for Women 96 

Calvia L. Hill v. Department of Correction, McCain Correctional Hospital 96 
Tony R. Broffman v. Department of Correction 96 

Mary Hargraves v. Department of Correction 96 

Michael S. Doe v. Caswell Center 96 

Timothy L. Willis v. Caswell Correctional Center 96 

Alisha Louise Staley v. Randolph Correctional Center 96 



OSP 1046 
OSP 1290 
OSP 1441 
OSP 1460 
OSP 0092 
OSP 0199 
OSP 0258 
OSP 0261 
OSP 0348 
OSP 0372* 8 

OSP 0373* 8 

OSP 0374* 8 

OSP 0375* 8 

OSP 0376* 8 

OSP 0383 
OSP 0397 
OSP 0625 
OSP 0674 
OSP 0691 
OSP 0715 
OSP 0780 



94 OSP 1174*'° 

95 OSP 0249*' 
95 OSP 0697 
95 OSP 0836*'° 
95 OSP 1050*' 



95 OSP 0176 West 



Department of Crime Control and Public Safety 

Jerry Lee Fields v. State Highway Patrol 

Gene Wells v. Crime Control & Public Safety, State Highway Patrol 

Hearl Oxendine v. Crime Control & Public Safety, St. Highway Patrol 

Jerry Lee Fields v. State Highway Patrol 

Gene Wells v. Crime Control & Public Safety, State Highway Patrol 

Durham County Health Department 

Lylla D. Stockton v. Durham County Health Department 

East Carolina University 

Gregory Lapicki v. East Carolina University 

Bela E. Karvaly, Ph.D. v. ECU Bd. of Trustees, Ch. Richard R. Eakin 

Employment Security Commission 

Gene S. Baker v. Gov. James B. Hunt, Jr., Ann Q. Duncan, Chairman, 

Employment Security Commission 
William Herbert Allen v. Employment Security Commission 
Patricia Gary v. Employment Security Commission 
Tonderlier Lynch v. Emp. Security Comm., Austin Quality Foods, Inc. 

Department of Environment, Health, and Natural Resources 



Roberta Ann "Robin" Hood v. Environment, Health, & Natural Resources 95 OSP 0035 
Kathy B. Vinson v. Depl. of Environment, Health, & Natural Resources 95 OSP 0203 
Donald E. Batts v. Division of Adult Health, EHNR 95 OSP 1071 



94 OSP 1721 
96 OSP 0150 



Gray 

Phipps 

Nesnow Smith 

Gray 

Gray 

Morrison 

West 

Morrison 

Phipps 

Nesnow Smith 

Nesnow Smith 

Nesnow Smith 

Nesnow Smith 

Nesnow Smith 

Becton 

Gray 

Becton 

Nesnow Smith 

Phipps 

West 

Nesnow Smith 



Gray 

Nesnow Smith 
Nesnow Smith 
Gray 
Nesnow Smith 



Reilly 
Chess 



03/12/96 
05/14/96 
09/19/96 
05/17/96 
06/03/96 
04/09/96 
07/02/96 
08/05/96 
05/15/96 
07/05/96 

07/05/96 

07/05/96 

07/05/96 

07/05/96 

10/01/96 
08/15/96 
08/29/96 
09/05/96 
09/23/96 
07/30/96 
10/16/96 



08/05/96 
07/23/96 
10/16/96 
08/05/96 
07/23/96 



07/02/96 



09/26/96 
05/08/96 



93 OSP 0707 


Becton 


05/16/96 


11:05 NCR 300 


94 OSP 1688 


West 


06/11/96 




95 OSP 0793 


Chess 


05/14/96 




96 OSP 0275 


Chess 


05/21/96 





Reilly 


04/09/96 




Gray 


09/18/96 


11:13 NCR 1087 


Nesnow Smith 


10/01/96 





11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1245 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Fayetteville State University 

William C. Neal v. Fayetteville State University 95 OSP 0392 

Guilford County Area Mental Health, Developmental Disabilities and Substance Abuse 
Stuart Klatte v. Guilford Cty Area MH/DD/SAS, St. Per Comm, OSP 95 OSP 1179 

Department of Human Resources 

Ophelia Webb v. Edard R. Inman, Dir. Alamance Cty DSS, Alamance 96 OSP 01 12 

Cty DSS, Alamance County, and DHR 

Gail Marie Rodgers Lincoln v. DHR, DMH/DD/SAS-Cherry Hosp., 96 OSP 0159 

Cherry Hospital 

Cynthia D. Hickman v. DHR, Central School for the Deaf 96 OSP 0191 

Johnny Earl Young v. Unit Head Director of Food & Nutrition 96 OSP 0217 

Mary A. Boogaerts v. Cherry Hospital, Goldsboro, NC 96 OSP 0269 

Kelvin Parter v. Dorothea Dix Hospital 96 OSP 0294 

Johnny Earl Young v. Unit Head Director of Food & Nutrition 96 OSP 0543 

Johnny Earl Young v. Unit Head Director of Food & Nutrition 96 OSP 0590 
Kim A. Bell v. Walter B. Jones Alcohol & Drug Abuse Treatment Center 96 OSP 0597 

Lynn S. Hales v. John Umstead Hospital 96 OSP 0729 

Buncombe County Department of Social Services 

Kathy Davis v. Buncombe County Department of Social Services 95 OSP 1487 

Caswell Center 

Ramona C. Jenkins v. Department of Human Resources, Caswell Center 89 OSP 0411 
Ramona C. Jenkins v. Department of Human Resources, Caswell Center 91 OSP 0522 
Franklin D. Sutton v. Department of Human Resources, Caswell Center 94 OSP 0766 

Durham County Department of Social Senices 
Jan E. Smith v. Durham County Department of Social Services 95 OSP 1 121 

Halifax County Department of Social Senices 
Clairbel Thomas v. Halifax County DSS &. Director, Halifax County DSS 95 OSP 0905 

Haywood County Department of Social Senices 
Carol Hubbard v. Haywood County Department of Social Services 95 OSP 1084 

Diusion of Medical Assistance 
Harold Wiggins v. Division of Medical Assistance 95 OSP 1482 

O' Berry Center 
Samuel Geddie v. O'Berry Center 96 OSP 0414 

Rockingham County Department of Social Senices 
Lorretta Lawson v. Rockingham County DSS 96 OSP 0471 

Wake County Department of Social Senices 
Phylis Gilbert v. Wake County Department of Social Services 95 OSP 1238 

Wilson County Department of Social Services 
Karen R. Davis v. Wilson County Department of Social Services 96 OSP 0394 

Department of Insurance 
Larry W. Creech v. Department of Insurance 95 OSP 0631 



Nesnow Smith 



Nesnow Smith 



West 



Beclon 
Becton 
Nesnow Smith 



Morrison 



West 



Reilly 



West 



Morrison 



West 



PhippB 



Chess 



Reilly 



04/22/96 



07/19/96 



Gray 


03/13/96 


Chess 


06/17/96 


Becton 


09/23/96 


Reilly 


08/13/96 


Becton 


05/29/96 


Chess 


08/07/96 


Reilly 


07/09/96 


Reilly 


07/09/96 


Becton 


09/11/96 


West 


10/02/96 



08/09/96 



03/26/96 
03/26/96 
03/21/96 



05/24/96 



05/29/96 



08/30/96 



06/11/96 



06/13/96 



06/13/96 



06/27/96 



10/16/96 



06/06/96 



11:10 NCR 865 



11:02 NCR 89 



11:06 NCR 395 



11:13 NCR 1092 



11:07 NCR 434 



1246 



NORTH CAROLINA REGISTER 



November 1, 1996 



11:15 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Department of Labor 

Kevin P. Kolbe, Sr. v. Department of Labor 

New Hanover County Board of Health 

Tabandeh Zand v. New Hanover County Board of Health 

Department of PubHc Instruction 

Johnny Leak v. Public Schools of NC, Dept. of Public Instruction 
McLennard Jay v. Person County Schools 



95 OSP 0968 Morrison 



95 OSP 1035 Nesnow Smith 



96 OSP 0861 
96 OSP 0862 



Phipps 
Phipps 



Sandhill Community College 

Earl Levon Womack v. Sandhill Community College Bd. of Trustees 96 OSP 0573 Phipps 



Office of the State Controller 

Angela M. Terry v. Office of the State Controller 

North Carolina State University 

Vernell Mitchell v. North Carolina Cooperative Extension 



96 OSP 0402 Becton 



96 OSP 0132 



Gray 



03/14/96 



03/01/96 



09/05/96 
09/04/96 



07/25/96 



08/07/96 



05/10/96 



Department of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 

Dorothy J. Grays v. Div. of Motor Vehicles, Dept. of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 

Lisa Ann Lee v. Department of Transportation 

Melvin Duncan v. Department of Transportation 

Greg Brown v. Department of Transportation 

Jesse Wayne Castle v. State Highway Maint., Guess Rd., Durham, NC 

Archie Brooks v. W. F. Rosser, Department of Transportation 

Jessie L. Allen et al. v. DMV Enforcement Section 

R.L. Singleton v. Department of Transportation 

Stephanie Taylor v. Department of Motor Vehicles 

Tri-County Mental Health Complex 

Deborah Heil v. Tri-County Mental Health Complex 

University of North Carolina 

Pamela B. Edwards v. University of North Carolina at Chapel Hill 

Keith R. Cameron v. University of North Carolina at Chapel Hill 

Jerel H. Bonner v. School of Nursing UNC at Chapel Hill 

Bela E. Karvaly, Ph.D. v. UNC Bd. of Gov., Pres. CD. Spangler, Jr. 

Carl E. Whigham v. UNC Hospitals at Chapel Hill 

J. Scott Spears v. Ralph Pederson and UNC-C 

Nellie Joyce Ferguson v. UNC Physicians & Assoc., Charles Foskey, Dir. 

Mae Helen LewiB v. UNC Greensboro - Physical Plant 

Wake County Board of Health 

Debbie L. Whitley v. Env. Health Div. Wake Cty. Dept. of Health 

STATE TREASURER 

Donald B. Durham v. Teachers' & St. Employees Retirement Sys. 
Joyce Clyburn v. Dept. of State Treasurer Retirement Systems Division 



95 OSP 1100 



Nesnow Smith 



95 OSP 0842 


Chess 


95 OSP 1060 


Morrison 


96 OSP 0026 


Gray 


96 OSP 0151 


Chess 


96 OSP 0248 


Chess 


96 OSP 0548 


Chess 


96 OSP 0977 


Phipps 


96 OSP 1000 


Reilly 



96 OSP 1090 Nesnow Smith 



92 DST 1066 
96 DST 1087 



Chess 
Nesnow Smith 



03/22/96 



06/28/96 
06/24/96 
03/12/96 
05/08/96 
06/11/96 
08/30/96 
10/02/96 
10/21/96 



09/05/96 



07/17/96 
10/18/96 



11:01 NCR 58 



94 OSP 0589-' 


Gray 


03/01/96 




94 OSP 1044 


Reilly 


04/12/96 


11:03 NCR 173 


95 OSP 0837* 1 


Gray 


03/01/96 




95 OSP 1099 


Reilly 


07/31/96 




95 OSP 1462 


Morrison 


03/08/96 




96 OSP 0048 


Reilly 


05/02/96 




96 OSP 0087 


Gray 


04/15/96 




96 OSP 0239 


Nesnow Smith 


05/17/96 




96 OSP 0408 


Becton 


08/12/96 




96 OSP 0683 


Becton 


08/12/96 




96 OSP 0955 


Becton 


08/29/96 


11:13 NCR 1095 



11:01 NCR 61 



11:09 NCR 810 



* Consolidated cases. 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1247 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



UNIVERSITY OF NORTH CAROLINA 



Sylvia Jeffries v. University of NC Hospitals at Chapel Hill 
James E. Boudwin v. University of NC Hospitals at Chapel Hil 
Rufus T. Moore Jr. v. UNC Hospital 
Marcia Spruill v. UNC Hospitals - Patient Accounts 
Charles E. Houlk v. UNC Hospitals 



96 UNC 0067 


Gray 


04/16/96 


96 UNC 0343 


Chess 


07/22/96 


96 UNC 0470 


Reilly 


08/12/96 


96 UNC 0500 


Becton 


07/10/96 


96 UNC 0588 


Morrison 


08/09/96 



1248 



NORTH CAROLINA REGISTER 



November 1, 1996 



11:15 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF ROCKINGHAM 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 EHR 1335 



CITY OF RETOSVDLLE, A MUNICIPAL 
CORPORATION 
Petitioner, 



DEPARTMENT OF ENVIRONMENT, HEALTH, 
AND NATURAL RESOURCES, ACTING THROUGH 
DmSION OF ENVmONMENTAL MANAGEMENT 
Respondent. 



RECOMMENDED DECISION 



For Petitioner: 



THIS MATTER was heard before the Honorable Beecher R. Gray, Administrative Law Judge, on April 1 1 and 12, 
1996, in Wentworth, North Carolina. 

Petitioner filed a Petition for a contested case hearing on November 21, 1995, requesting a hearing pursuant to N. 
C. Gen. Stat. § 150-23 to contest the BOD 5 and NFJ -N effluent parameters set out in National Pollutant Discharge 
Elimination Systems (NPDES) Discharge Permit No. NC0024881. 

APPEARANCES 

J. Michael Thomas 
Post Office Box 2104 
Reidsville, NC 27323-2104 
(910) 342-3320 
Attorney for Petitioner 

Anita LeVeaux Quigless 
Assistant Attorney General 
N. C. Department of Justice 
Post Office Box 629 
Raleigh, NC 27602-0629 

ISSUE 



For Respondent: 



Whether the BOD } (CBOD } ) and NH,-N limits set forth in the State NPDES Discharge Permit No. NC0024881 
effective December 1, 1995, are arbitrarily and capriciously restrictive and therefore imposed by Respondent in violation 
of Petitioner's rights? 



The undersigned makes the following: 



FINDINGS OF FACT 



1. The petitioner City of Reidsville, a municipal corporation of Rockingham County with a population of 
approximately 14,000, is the operator of a public wastewater treatment plant holding an NPDES permit issued by the 
respondent agency Division of Environmental Management, acting upon regulatory authority delegated to the State of North 
Carolina and the issuing agency by the United States Environmental Protection Agency. Petitioner currently discharges under 
an NPDES permit into Little Troublesome Creek, a tributary of the Haw River which in turn is a tributary and subbasin of 
the Cape Fear River. 

2. On October 27, 1995, the Respondent issued a draft NPDES permit permitting the Petitioner to discharge 
into the Haw River at a new discharge point located adjacent to the N.C. Highway 150 bridge in southeastern Rockingham 
County. The draft permit was based upon the Petitioner's application for a discharge point relocated directly to Haw River. 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1249 



CONTESTED CASE DECISIONS 



3. Petitioner's wastewater treatment plant was recently enlarged and improved pursuant to a judicial order of 
consent with the State of North Carolina, in order to deal with continuing problems in meeting certain effluent parameters 
and eliminating chronic toxicity from the effluent. The plant's designed wastewater treatment capacity is for a wastewater 
flow of 7.5 million gallons per day (MGD). The Petitioner's discharge into Little Troublesome Creek currently accounts 
for approximately 98 percent of the stream flow below the plant; this is the petitioner's current "in-stream concentration" 
of effluent at point of discharge. The planned relocated discharge into Haw River would reduce the in-stream concentration 
of the Petitioner's effluent at point of discharge from 98 percent to 61 percent. 

4. The significance of the high in-stream concentration of effluent lies in its effect on the dissolved oxygen 
(DO) in the receiving stream at point of discharge. The DO is a scientific measure often used as an indicator of the 
receiving water's ability to support aquatic life. A receiving water's ability to assimilate polluting effluent without negatively 
affecting the DO in the stream and, therefore, the stream's ability to support aquatic life, is referred to as the receiving 
stream's "assimilative capacity." 

5. The DO in the receiving stream is protected through two key effluent parameters or pollution limits, 
namely, (1) the carbonaceous biological oxygen demand (CBOD 5 ) parameter, and (2) the ammonium nitrogen (NH -N) 
parameter. The current high in-stream concentration of the Petitioner's discharge into Little Troublesome Creek has resulted 
in the Petitioner currently having restrictive (summer) parameters of CBOD 5 at 4.0 mg/1 and NH, -N at 2.0 mg/1. These 
CBOD 5 and NH,-N parameters effectively reduce the Petitioner's treatment plant capacity (to receive and treat wastewater) 
to 2.8 MGD, instead of 7.5 MGD, because the Petitioner must treat its wastewater effluent to a higher degree than is 
typically the case since its discharge makes up most of the receiving stream below the plant. 

6. Because the Petitioner's wastewater treatment plant currently intakes a high degree of industrial waste, its 
has no additional capacity for treatment of additional commercial or industrial users without violating its current parameters. 
The Petitioner plans to construct the new discharge point at Haw River by running a pipe from its wastewater treatment plant 
approximately 5.5 miles to the N.C. Highway 150 bridge location, at a projected cost of $5.8 million dollars. The 
Petitioner has already expended approximately $352,000.00 in engineering and acquisitions costs preparatory to permitting 
and construction of the discharge line. 

7. In processing the Petitioner's application for a new NPDES permit for the proposed Haw River discharge 
point, the Respondent agency through its Water Quality Section considered inter alia the Petitioner's environmental 
assessment (EA) prepared for the Petitioner by its consulting engineer. The EA indicated that the proposed discharge 
relocation to Haw River would provide increased dilution of the Petitioner's effluent that would minimi ze the Petitioner's 
chronic toxicity problem. The EA, prepared by the Petitioner's consulting engineer, noted the current Little Troublesome 
Creek discharge parameters and did not propose increasing the CBOD,, NH 3 -N, or other permit effluent parameters at the 
Haw River discharge location. The Petitioner, however, expected the DO-related parameters to be increased because of 
a presumed increased assimilative capacity at the proposed Haw River discharge location. 

8. On October 27, 1995, the Respondent issued the draft NPDES permit for the Petitioner's proposed relocated 
Haw River discharge The draft permit modified or eliminated effluent parameters at the new proposed discharge site for 
toxicity and metals consistent with the new discharge location's increased dilution of effluent. The draft permit maintained 
the CBOD 5 and NH,-N parameters at the same levels for the proposed Haw River discharge as currently required at the Little 
Troublesome Creek discharge. In a cover letter therefor to Petitioner's City Manager D. Kelly Almond, written over the 
name of the Respondent agency's director A. Preston Howard, Jr., and signed for the director by David A. Goodrich, 
environmental engineering supervisor of the permits and engineering unit of Respondent's Water Quality Section, the 
Respondent summarized its bases for maintaining the restrictive CBOD 5 and NH,-N limits: 

The limits for BOD 5 (CBOD } ) and NH,-N were determined based on the hydrologic characteristics 
for the receiving stream and instream dissolved oxygen levels in the upper Haw River. In the area of the 
proposed discharge relocation, the Haw River is characterized by very low slopes which cause slow 
velocities and low reaeration rates in the receiving stream. This condition can severely limit assimilative 
capacity, especially in the case of larger discharges. In addition, due to the high industrial wastewater 
percentage at the City's treatment plant, the wastewater is more resilient than 100% domestic wastewater. 
The resiliency of the wastewater for the City of Reidsville was determined through the Division's BOD 
ultimate test. All of these factors contributed to the determination of the limits for oxygen consuming 
waste and the recommendation that the City of Reidsville retain their existing limits for CBOD 5 and NH,- 
N. 



1250 NORTH CAROLINA REGISTER November 1, 1996 11:15 



CONTESTED CASE DECISIONS 



9. The draft NPDES parameters for CBOD 5 and NH 3 -N were in fact determined though an in-house modeling 

protocol known as the "Level B model." The Level B model is a "desktop" model used by the Respondent to test the effects 
of proposed discharges by NPDES permit applicants and makes use of data maintained by the State previously collected by 
state and federal agencies from the river basins throughout North Carolina. Use of the Level B model permits the 
Respondent to handle the large number of NPDES permits expeditiously and relatively inexpensively, without having to 
collect in-stream and field data over a long period of time from the affected receiving stream as required to conduct the more 
elaborate, field-calibrated approach known as "Level C" modeling. 

10. The Level B modeling is performed according to a protocol adopted by the Respondent and entitled 
"Desktop Modeling Procedure (Level B) for Determining NPDES Permit Effluent Limitations on Oxygen Consuming Waste. " 

The Level B protocol provides in pertinent part, "In the absence of actual stream data for model calibration, a Level B 
(desktop) modeling analysis can be performed. Level B modeling incorporates the use of empirical model input equations 
and DEM procedures to establish model input parameter values." The modeling is done based on four major input 
categories, namely, (1) model hydraulics considerations including streamflow, runoff, stream velocity, channel width and 
depth, and stream bed gradient, (2) model reaction rates including CBOD decay (kj, NBOD decay (k^), and reaeration (k,), 
(3) model design temperature based upon the season and physical location of the stream within the State, and (4) background 
and boundary conditions, i.e. headwaters and tributaries. 

11. The Level B model thus provides for and is premised on the absence of actual water quality data collected 
in-stream at the point of discharge and relies instead on default values previously compiled and applicable to the proposed 
discharge location. The default values are used in a series of equations to predict the effect of the permittee's discharge on 
the DO in the receiving stream and produce wasteload allocations expressed in terms of CBOD (BOD 5 ) and NBOD (NH 3 -N) 
parameters. 

12. The Level B model for Petitioner's Haw River discharge NPDES permit was performed by Jason Doll, 
an environmental modeler employed by the Respondent's instream assessment unit. In performing the Level B model for 
the subject permit application, Doll used the results of ultimate CBOD testing from a sample made at the Petitioner's 
wastewater treatment plant in June 1993. This was the "BOD ultimate" information referred to in the Respondent's October 
27, 1995 letter covering the draft NPDES permit. 

13. "BOD ultimate " or "ultimate CBOD" refers to the oxygen demand (consumption of oxygen) over a long 
period of time - in the case of the Reidsville sampling, a period of 140 days. "BOD 5 " refers to the same thing, but over 
a set period of five days. The ratio of ultimate BOD/BOD 5 is used as a coefficient in the Level B modeling to determine 
waste load allocations - i.e, the contested CBOD 5 and NH 3 -N parameters. An equally significant input parameter in the 
modeling is the decay rate (kd), meaning the rate at which the BOD is oxidized. 

14. Because the Level B modeling employs mathematical formulae, the input parameters used therein are co- 
dependent - that is, if all but one coefficient is known, the equation will dictate that remaining coefficient's value. Doll 
used the actual ultimate BOD/BOD5 ratio derived from the June 1993 Reidsville sampling and a default-value decay rate (kd) 
of 0.22. Use of these coefficients, one an actual datum from the Reidsville plant and the other a default value, produced 
waste load parameters of 5 mg/1 BOD 5 and 2 mg/1 NH 3 -N, respectively, which were the effluent parameters set forth in 
the draft NPDES permit. 

15. Robert M. Stein, an expert in the field of water quality analysis, reviewed the Respondent's Level B 
modeling. Stein did not duplicate the Level B modeling but simulated it through the use of a computer software program 
called QUAL2E, a sophisticated environmental modeling program. The results of Stein's review of the Respondent's 
modeling was summarized in his written report as follows: 

Determination of Allowable Waste Load Allocation Given Section Kinetics and Waste Loading 

To determine the maximum allowable CBOD which does not violate the 5 mg/1 in-stream DO standard, 
the QUAL2E model was run at CBOD values ranging from a low of 20 mg/1 to the 40.5 mg/1 used by the 
Section. The NBOD loading, the hydraulic and kinetic parameters, and the background conditions in the 
river were kept constant at the values used in the Level B model. 

The minimum in-stream DO predicted by the model for each CBOD value is presented graphically in 
Figure 4. A CBOD of 25 mg/1 represents the maximum assimilative capacity of the model area based upon 



11:15 NORTH CAROLINA REGISTER November 1, 1996 1251 



CONTESTED CASE DECISIONS 



the QUAL2E results. 

Evaluation of Section Kinetic Coefficients and CBOD/BOD* Ratio 

The oxygen load of an oxygen-consuming organic wastewater can be represented with a first-order decay 
equation which when integrated from time zero to infinity is expressed as: 

L,/L=eV 

where Lt is the amount of first-stage BOD remaining in the water at time t, L is the ultimate BOD, and 
k d is the reaction rate coefficient. By selecting values for any two of the three variables in this equation 
Lt,L,£ d ) the value of the third variable is fixed by the mathematical relationship. 

Inspection of the Level B model input reveals that the combination of CBOD/BOD 5 ratio of 8.1 is not 
consistent with a BOD decay coefficient (£ d ) of 0.22 when the BOQ is taken to be 5 mg/1. The 8.1 
CBOD/BOD, ration is based upon long-term BOD testing which indicates that the Reidsville effluent 
continues to exert oxygen demand long after the twenty to thirty day period typical of municipal 
wastewater. For comparison, the Section guidance document for the Level B model recommends a 
CBOD/BOD 5 ration of 1.5 to 3 in the absence of waste-specific data. Thejfc value of 0.22 is typical of 
readily degradable municipal waste; however, it is not compatible with the high CBOD/BOD, ratio assumed 
by the Section. The ratio and the coefficient are inversely related. For the CBOD/BOD 5 ratio to be higher 
than normal, the decay coefficient must be lower than normal given a specific value of BOD 5 . 

Determination of Allowable CBOD with Alternate Kinetic Coefficient and CBOD/BOD* Ratio 

Using the mathematical relationship outlined above, alternate values for k d and for the CBOD/BOD, ratio 
were calculated. First, the resulting BOD 5 was calculated using a CBOD value of 25 mg/ 1 , a jt of 0.22, 
(conditions the model indicates the river will support) and the derived relationship: 

y 3 =L(l-e-Y) 

where y 5 is BOD > L is CBOD, and £ is the BOD decay rate coefficient. The resulting BQD is 16.7 
mg/1. Using this kinetic relationship, the QUAL2E model predicts that the river is capable of assimilating 
a Reidsville WWTP effluent BOD,, in excess of 16 mg/1. 

The second alternative was to keep the CBOD and BOD, values assumed in the Level B model input ratio 
and to calculate the resulting k d value using the referenced equation. With a CBOD of 40.5 mg/1 and 
BOD5 at 5 mg/1, the k d value becomes to 0.03 (rounded to two decimal places). 

To determine the effect of the calculated decay rate coefficient on the river DO, the QUAL2E model was 
re-run with k d =0.03 and with the CBOD varying from 40 mg/1 to 140 mg/1. A plot of the minimum in- 
stream DO concentration versus the CBOD for this model configuration is presented as Figure 6. 

Using the revised kd of 0.03, the QUAL2E model indicates that a CBOD in excess of 120 mg/1 can be 
supported by the river. With a CBOD/BOD, ratio of 8.1, the resulting allowable BOp becomes 
approximately 15 mg/1. 

16. In Stein's expert opinion, the Haw River at the proposed discharge location has a higher assimilative 

capacity than predicted by the Respondent's modeling. Further, Stein concluded, and the foregoing excerpt from his report 
provides the technical basis for such conclusion, that the key problem with the Respondent's modeling was the failure to 
develop an accurate degradation rate (k,,) as dictated by the June 1993 sampling; instead, the Respondent's modeler used 
a default value decay rate. This violated the Respondent's own Level B protocol, which requires the use of default data 
only where actual data is lacking. Where the Respondent had the June 1993 sampling (actual data), it had the means to 
mathematically calculate the actual decay rate (k,,); instead, the modeler coupled the ultimate CBOD/BOD, ratio with a 
default-value decay rate, which is not correct under the Respondent's own Level B protocol. 



1252 NORTH CAROLINA REGISTER November 1, 1996 11:15 



CONTESTED CASE DECISIONS 



CONCLUSIONS OF LAW 

1. All parties are properly before the Office of Administrative Hearings, all parties received due notice of the 
contested case hearing herein, and the Office of Administrative Hearings has jurisdiction over the parties and the subject 
matter. 

2. All parties have been correctly designated, and there is no question as to misjoinder or nonjoinder. 

3. Respondent acted arbitrarily and capriciously, and in violation of Petitioner's rights, in establishing the 
BODj(CBODj) and NH,-N limits set forth in the State NPDES Discharge Permit No. NC0024881 effective December 1, 
1995, because in establishing said limits the Respondent violated its own modeling protocol, entitled "Desktop Modeling 
Procedure (Level B) for Determining NPDES Permit Effluent Limitations on Oxygen Consuming Waste," uniformly 
applicable to NPDES permitting decisions. See Kent County, Maryland v. U. S. Environmental Protection Agency, 963 
F.2d 391 (D.C. Cir. 1992) (Where U. S. Environmental Protection Agency placed landfill operator's site on National 
Priorities ("Superfund") List (the NPL), and the action was challenged as violating the standard precluding agency acts 
"arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" pursuant to 5 U.S.C. § 706(2)(A), 
held the agency acted arbitrarily and capriciously when it used only unfiltered samples and not filtered samples as well, as 
required by its own internal policy, to test the groundwater at the site to determine the landfill's "toxicity/persistence" score.) 
Accord, Anne Arundel County, Maryland v. U. S. Environmental Protection Agency, 963 F.2d 412 (D.C. Cir. 1992). See 
National Gypsum Company v. U. S. Environmental Protection Agency, 968 F.2d 40 (D.C. Cir. 1992) (Where petitioner's 
dump site was placed on the NPL. and where EPA could not offer a satisfactory explanation for its inference that compounds 
other than boron oxide existed at the site, nor could offer substantial evidence that the highly toxic boron compounds were 
present there, all based on a test of groundwater revealing traces of boron but not disclosing the chemical form of boron 
contained in the groundwater sample, held the agency's decision to assign a toxicity/persistence score placing it on the NPL 
was based on unsupported assumptions and not reasonable or scientifically based inferences and therefore was arbitrary and 
capricious.) See State of Ohio v. U. S. Environmental Protection Agency, 784 F.2d 224 (6th Cir. 1986) (Where EPA 
established Clean Air Act emission limits for the smokestacks of two electric utility plants based on a computer model used 
by EPA to forecast pollution from such plants, held the agency acted arbitrarily in using the computer model without 
adequately validating, monitoring, or testing its reliability or its trustworthiness in forecasting pollution in the plants' vicinity; 
more specifically, given the model's demonstrated sensitivity to site-specific characteristics, EPA's failure to validate the 
model at the two smokestack sites in accordance with its own guidelines was arbitrary and capricious.) See City of 
Stoughton, Wis. v. U. S. Environmental Protection Agency, 858 F.2d 747 (D.C. Cir. 1988) (Where EPA placed city and 
corporate landfills on the NPL, held EPA did not act arbitrarily or capriciously in relying on information submitted by the 
city showing the presence of chloroform, when another test negatived that finding, since there was no showing that the data 
relied on by EPA was invalid; the court noted the petitioner-City of Stoughton correctly stated the applicable standard for 
review, namely, that the use of invalid data is, in itself, an arbitrary and capricious action, and that failure on the part of 
EPA to follow its own regulation is an arbitrary and capricious action.) 

Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned makes the following: 

RECOMMENDED DECISION 

The North Carolina Environmental Management Commission should remand the subject draft NPDES permit to the 
Division of Environmental Management for re-modeling in strict compliance with the Division's protocol entitled "Desktop 
Modeling Procedure (Level B) for Determining NPDES Permit Effluent Limitations on Oxygen Consuming Waste. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P. 
O. Drawer 27447, Raleigh, NC 27611-7447, in accordance with N. C. Gen. Stat. § 150B-36(b). 



11:15 NORTH CAROLINA REGISTER November 1, 1996 1253 



CONTESTED CASE DECISIONS 



NOTICE 

The agency making the final decision in the contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. N. C. Gen. Stat. § 150B-36(a). 

The agency is required by N. C. Gen. Stat. § 150B-36(a) to serve a copy of the final decision on all parties and 
to furnish a copy to the parties' attorney of record and to the Office of Administrative Hearings. The agency that will 
make the final decision in this contested case is the North Carolina Environmental Management Commission. 

This the 1st day of October, 1996. 



Hon. Beecher R. Gray 
Administrative Law Judge 



1254 NORTH CAROLINA REGISTER November 1, 1996 11:15 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF DURHAM 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 OSP 1461 



RENEE LYNCH 
Petitioner, 



NORTH CAROLINA CENTRAL UNIVERSITY 
Respondent. 



RECOMMENDED DECISION 



The above-captioned contested case hearing was heard before Dolores Nesnow Smith, Administrative Law Judge, 
on August 26-27, 1996 in Durham, North Carolina. 



For Petitioner: 



For Respondent: 



APPEARANCES 

Mark Dorosin 

McSurely, Dorosin & Osment 
157 l A East Franklin Street 
Chapel Hill, North Carolina 27514 
Attorney for Petitioner 

Celia Grasty Jones 

Assistant Attorney General 

North Carolina Department of Justice 

P. O. Box 629 

Raleigh, North Carolina 27602-0629 

Attorney for Respondent 

ISSUES 

1. In awarding a position for which Petitioner had applied to another applicant, did Respondent unlawfully 
discriminate against Petitioner on the basis of sex? 

2. In awarding a position for which Petitioner had applied to another applicant, did Respondent unlawfully 
retaliate against Petitioner for having filed EEOC charges and a lawsuit against Respondent? 

3. In awarding a position for which Petitioner had applied to another applicant who was not a State employee, 
did Respondent violate the state employee preference policy, as expressed in N.C. Gen. Stat. 126-7.1 and pertinent 
regulations? 

STATUTES AND RULES EM ISSUE 



N.C. Gen. Stat. 126-16 

N.C. Gen. Stat. 126-17 

N.C. Gen. Stat. 126-36 

N.C. Gen. Stat. 126-7.1 

N.C. Admin. Code, tit. 25, r 1H .0606 

N.C. Admin. Code, tit, 25, r 1H .0607 

N.C. Admin. Code, tit. 25, r 1H .0625(c) 

N.C. Admin. Code, tit. 25, r 1H .0626(b) 

N.C. Admin. Code, tit. 25, r 1L .1802 

42 U.S.C. 2000 et seq. 



11:15 



NORTH CAROLINA REGISTER 



November 1, 1996 



1255 



CONTESTED CASE DECISIONS 



STIPULATION AGREEMENTS 

The Petitioner was a permanent State employee and was subject to the provisions of the State Personnel Act. 

FINDINGS OF FACT 

1. Respondent North Carolina Central University (NCCU) hired Petitioner, Renee Lynch, as a security officer 
in 1973. By 1991, Petitioner was a Police Officer (PO) II with the rank of sergeant. Petitioner is presently a PO HI with 
the rank of lieutenant. 

2. Since 1991 the position of Police and Public Safety Director at NCCU has been vacant twice, first in late 
1991 and then in 1995. 

3. During the eight-month search for a Director in 1991-92, Petitioner served as Acting Chief of the NCCU 
Police Department. 

4. Petitioner applied for the position of Police and Public Safety Director I in 1992 but was not selected. The 
successful candidate was Anthony Purcell. 

5. In December 1992 and July 1994, Petitioner filed charges against NCCU with the Equal Employment 
Opportunity Commission (EEOC). Both charges alleged unlawful sex discrimination in various employment incidents, 
including denial of promotion to the position of Police and Public Safety Director in 1992. Petitioner also filed a lawsuit 
against NCCU in February 1995, claiming sex discrimination and retaliation. 

6. George Walls, Jr. (known as "General Walls" from his military career in the United States Marine Corps) 
has been the supervisor for the Police and Public Safety Director and employees of the NCCU Police Department since his 
employment by NCCU in August 1993. Gen. Walls serves as Special Assistant to the Chancellor, Julius Chambers. 

7. Because the responsibilities of the Director's position had expanded in scope during Mr. Purcell's tenure, 
in 1994 Gen. Walls prepared a revised position description seeking to reclassify the position to Police and Public Safety 
Director II. The revised position description was submitted to the State Personnel Commission for approval in September 
1994. Mavis Lewis, NCCU Director of Human Resources, testified that the Commission approved the reclassification. 

8. Anthony Purcell resigned as Police and Public Safety Director in June 1995. Chancellor Chambers 
designated Gen. Walls to form and chair a committee (Search Committee) with the purpose of screening applicants and 
selecting the three best qualified candidates, from whom the Chancellor intended to select the new Director. 

9. In consultation with Ms. Lewis and Chancellor Chambers, Gen. Walls prepared a job vacancy posting for 
the Police and Public Safety Director II position to be advertised June 22 through July 31, 1995. 

10. The posting listed the minimum qualifications for the position as a four-year degree in Behavioral or Police 
Science or Business Administration and four years of experience in law enforcement, or an equivalent combination of 
education and experience. It also listed preferred qualifications of a master's degree in Criminal Justice, and five to eight 
years' experience in law enforcement with at least two of those years being in a managerial or supervisory capacity. In 
addition, the successful candidate was required to be a certified Law Enforcement Officer and to have a knowledge of law- 
enforcement, safety and security practices and procedures and the ability to motivate staff and University community toward 
maintenance of law and order. 

11. Gen. Walls and Dr. George Wilson, Professor and Chair of NCCU's Department of Criminal Justice, 
testified that the master's level education was preferred for the Police and Public Safety Director II because the graduate 
study in Criminal Justice provided intensive grounding in the theory and practice of management and leadership training, 
as well as tools and skills for planning and evaluation of campus law enforcement and departmental needs. They further 
testified that the administrative and management skills taught in the graduate level study of Criminal Justice had become 
increasingly important in the Director's position as the Police Department and campus had grown. The Director is required 
to administer and direct comprehensive programs in law enforcement, public safety, and crime prevention and deterrence 
strategies; must manage two budgets: and must interpret, apply and enforce applicable laws and regulations. The urban 
setting of the NCCU campus and consequent increase of crime-related incidents on the campus in recent years has made 
coordination of Police Department programs within the University and with state and local law enforcement agencies 

1256 NORTH CAROLINA REGISTER November 1, 1996 11:15 



CONTESTED CASE DECISIONS 



increasingly important for campus safety. 

12. Gen. Walls and Dr. Wilson testified that, on the basis of their knowledge of campus law enforcement and 
the responsibilities of the Police and Public Safety Director at NCCU, an individual without a master's degree in Criminal 
Justice or a related field could be qualified for the Director's position if that person also had significant job-related experience 
demonstrating acquisition of the skills needed to successfully perform the Director's responsibilities. 

13. The Search Committee formed by Gen. Walls included Dr. Wilson, University Attorney Kaye Webb, and 
persons representative of various segments of the University community served by the Police Department. These members 
were Dr. Kenneth Chambers, Associate Professor of English and then Chair of the NCCU Faculty Senate; Dr. William Lide, 
NCCU Athletic Director; Treva Lawrence, then a NCCU student majoring in Criminal Justice and Co-Chair and Security 
Adviser to the NCCU Student Government Association; and Janice James, Secretary in NCCU's Department of Physical 
Education and Recreation and then President of the NCCU Professional Office Workers' Association. Chancellor chambers 
approved Gen. Walls's selections, and added to the Committee Jackie McNeil, Chief of the Durham Police Department. 
Fearing that he would be unable to attend all meetings of the Search Committee, Chief McNeil asked Lt. Col. Kent Fletcher, 
also of the Durham Police Department, to assist him. 

14. In response to the position vacancy posting, NCCU's Department of Human Resources received eighteen 
applications, including Petitioner's application. Four of the applicants were female. 

15. Ms. Lewis testified that the practice of the Department of Human Resources is to review the applications 
prior to submitting them to the hiring authority, to screen out applicants who do not meet the minimum qualifications and 
to identify applicants eligible for priority consideration as State employees. 

16. Ms. Lewis testified that her assistant, Charles Warren, performed this review of the eighteen applications 
for the Director's position. Petitioner's application and several others were marked as eligible for State employee priority 
consideration. 

17. All eighteen applications were forwarded to Gen. Walls. 

18. At the time these applications were received, Ms. Lewis was Equal Employment Officer for NCCU in 
addition to her duties as Director of Human Resources. Ms. Lewis testified that there was no affirmative action hiring goal 
for women in place for the Police and Public Safety Director II position at that time, because the position came within the 
Standard Occupational Category of Officials and Administrators. In that category of position, females were then over 
represented at NCCU. 

19. Thus, the Department of Human Resources did not notify Gen. Walls that the Search Committee should 
accord an affirmative action preference to the female applicants. 

20. Audrey Crawford-Tumer, the present NCCU Equal Employment Opportunity Officer, testified that females 
are still over represented in the Officials and Administrators category, as shown by NCCU's Equal Employment Opportunity 
Plan for 1995-96. 

21. When Gen. Walls received the applications from the Department of Human Resources, he convened the 
first meeting of the Search Committee. He gave each member copies of all applications, the position vacancy posting, and 
forms he had designed to assist them in evaluating the applicants' qualifications in light of the minimum and preferred 
qualifications for the position. 

22. Gen. Walls instructed the Committee members concerning the responsibilities of the Director's position 
and the State employee preference policy, and asked them to review all of the applications in light of the posted qualifications 
and responsibilities of the position. 

23. The Committee decided that they would each ascertain the top five candidates they determined to be the 
most highly qualified. They would then as a group arrive at a consensus on the top five candidates, whom they would 
interview with the objective of selecting the three most highly qualified to recommend to the Chancellor. 



11:15 NORTH CAROLINA REGISTER November 1, 1996 1257 



CONTESTED CASE DECISIONS 



24. Gen. Walls told the Committee that they might use the form he created, assigning numerical rankings from 
1 to 5 for each category, or that they might use any other method they found helpful. 

25. When the Search Committee met for the second time, the members reported on their respective evaluations 
of the applications, and charted the results. All of the Committee members who testified at the hearing - Gen. Walls, Dr. 
Wilson, Ms. Webb, Chief McNeil, and Lt. Col. Fletcher - stated they did not rank Petitioner's application among the five 
they considered to be most qualified. 

26. They testified that, while Petitioner had a bachelor's degree in Criminal Justice and twenty-two years of 
service with the NCCU Police Department and thus met the minimum qualifications, at least five of the other applicants 
presented combinations of education and relevant experience that exceeded the minimum qualifications. 

27. Each member of the Committee, including Gen. Walls, had an equal vote in the selection process. 

28. By consensus, the Committee agreed upon five candidates for interviewing. All of the five were male. 

29. Each member of the Search Committee who was a witness at the hearing testified that the fact that Petitioner 
is a woman had no bearing on their evaluation of her application. They saw no indication that others on the Committee were 
motivated against Petitioner because she is a woman. They testified that they believed that a qualified woman would be 
capable of successfully performing the duties of the Director's position, but that none of the female applicants including 
petitioner presented qualifications substantially equal to those of the five male finalists. 

30. Petitioner testified that two of the Committee members, Dr. Wilson and Chief McNeil, were biased against 
her because she is a woman. 

31. Petitioner testified that while she was Acting Chief she had called Dr. Wilson to discuss setting up a 
program for using student interns in the Police Department, and that he never contacted her to discuss this. 

32. Dr. Wilson testified that he did not recall Petitioner's having called him about the student interns, but that 
such a program had been used in the past. It discontinued under a previous Chancellor due to liability concerns. He testified 
that Petitioner's being a woman had nothing to do with his response to her on this matter. 

33. Petitioner also testified that while she was Acting Chief, Chief McNeil had caused NCCU's then- 
Chancellor, Dr. Donna Benson, to reprimand her for not having sent a representative to a conference concerning drug-related 
crime prevention which Chief McNeil had coordinated and which was attended by representatives of many other local law 
enforcement agencies. 

34. Chief McNeil testified that Petitioner's sex had nothing to do with this incident. As a NCCU alumnus 
aware of the increased incidence of crime on the campus, he was concerned by the University's lack of participation. He 
conveyed that concern to Dr. Benson through a letter on which he copied Petitioner. 

35. Lt. Col. Fletcher testified that when he served on the Search Committee he was unaware that Petitioner 
had filed charges against the University in the past. Gen. Walls, Dr. Wilson, Ms. Webb, and Chief McNeil were aware 
of the charges, but testified that their knowledge did not affect their evaluation of Petitioner's application. They testified 
that they saw no indication that others on the Search Committee who knew about Petitioner's charges were affected in their 
decision making by that knowledge. 

36. The witnesses who were Search Committee members testified that they were aware during the selection 
process that priority consideration should be given to a State employee whose qualifications were substantially equal to those 
of a non-State employee applicant. They further testified that they did not find that Petitioner's qualifications were 
substantially equal to those of the two non-State employee applicants who were among the five finalists: McDonald Vick and 
James Jones. 

37. Mr. Jones has an M.S. degree in Criminal Justice, and Mr. Vick had completed all course work for the 
same degree, lacking only the thesis for completion of all requirements. Petitioner had no graduate level credits in Criminal 
Justice or other related field. 

38. Mr. Vick and Mr. Jones also had relevant law enforcement experience, including supervisory experience. 
1258 NORTH CAROLINA REGISTER November 1, 1996 11:15 



CONTESTED CASE DECISIONS 



39. Petitioner's application showed that, while she had served as Acting Chief at NCCU for eight months, she 
had only five and one-half years of other supervisory experience and no other managerial or administrative experience, as 
would be needed to offset her lack of graduate level education. 

40. The Search Committee members testified that Petitioner's job-related experience did not demonstrate 
sufficient acquisition of the knowledge, skills and abilities of the Director's position to permit a reasonable substitution of 
her experience for the preferred level of formal education possessed by Mr. Jones and Mr. Vick. 

41. The five finalists were interviewed by the Committee and by representatives of NCCU's Athletic 
Department, which Gen. Walls identified as a major constituency of the Police Department. 

42. Following the interviews, the Committee met again to evaluate the results. The Committee voted to select 
Willie Bell, Jr., James Herring, and McDonald Vick for recommendation to the Chancellor. 

43. Mr. Vick was an employee of the Durham Police Department at the time he applied for the Director's 
position, as was James Jones, another applicant the Committee had interviewed. 

44. Chief McNeil and Lt. Col. Fletcher testified that during the selection process they did not attempt to 
influence the Committee in favor of either Mr. Jones or Mr. Vick on the basis of their employment association with these 
men. The remaining Search Committee witnesses corroborated their testimony. 

45. Chancellor Chambers interview these three finalists and selected McDonald Vick to fill the position. Mr. 
Vick assumed the duties of the Police and Public Safety Director II in December 1995. Gen. Walls testified that Mr. Vick 
completed his thesis and was awarded the M.S. degree in Criminal Justice in May 1996. 

46. G.S. 126-16 requires all State agencies to give equal opportunity for employment and compensation without 
regard to race, religion, color, creed, national origin, sex, age or handicapping condition, to all persons otherwise qualified. 

47. G.S. 126-17 prohibits State agencies from retaliating against an employee for protesting alleged violations 
of G.S. 126-16. 

48. 26 NCAC 01H .0606(a) provides that the selection of applicants for vacant positions will be based on a 
relative consideration of their qualifications for the position to be filled, with advantage to be given to applicants determined 
to be most qualified. 

49. 25 NCAC 01H .0606(b) requires selection procedures and methods used in filling vacancies to be validly 
related to the duties and responsibilities of the vacancy to be filled. 

50. 25 NCAC 01H .0607(a) provides that the employee or applicant selected for any promotion, must possess 
at least the minimum education and experience requirements, or their equivalent, as set forth in the class specification for 
the vacancy being filled. 

51. 25 NCAC OIL .1802 provides that minimum qualification standards for a position be based on the required 
skills, knowledge, and abilities common to that position's classification. Management is responsible for determining specific 
job-related qualifications that are an addition to the minimum qualification standards. 

52. G.S. 126-7. 1(c) provides that a State employee who applies for a position that represents a promotion is 
to be offered the position if she presents substantially equal qualifications as an applicant who is not a State employee. 

53. 25 NCAC 01H .0625 provides that qualifications are "substantially equal" when the employer cannot make 
a reasonable determination that the job-related qualifications held by one person are significantly better suited for the position 
than the job-related qualifications held by another person. 

54. 25 NCAC 01H .0607(b) provides that, in evaluating qualifications, reasonable substitutions of formal 
education and job-related experience, one for the other, will be made. 



11:15 NORTH CAROLINA REGISTER November 1, 1996 1259 



CONTESTED CASE DECISIONS 



55. 25 NCAC 01H .0626(b) provides that when a promotion opportunity exists in occupational categories where 

there is an established under representation of women, hiring authorities shall consider and support affirmative action needs. 

Based upon the foregoing Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

SEX DISCRIMINATION 

1. The employee's threshold burden is to provide sufficient evidence to establish a prima facie case of sex 
discrimination by showing by a preponderance of the evidence (1) that she is a member of a protected class; (2) that she 
applied and was qualified for the job for which NCCU was seeking applicants; (3) that, despite her qualifications, she was 
rejected in favor of a person not a member of the protected class. 

After the employee establishes a. prima facie case of sex discrimination, the employer must articulate some 
legitimate non-discriminatory reason for the employment action. 

The employee must then prove, by a preponderance of the evidence, that the employer's asserted reason 
is actually a pretext for intentional discrimination. 

2. Petitioner made a prima facie showing of sex discrimination in Respondent's failure to promote her to the 
position of Police and Public Safety Director II, in that she met the minimum posted qualifications for the position and a male 
was hired. 

Respondent, however, articulated a legitimate non-discriminatory reason for its decision not to select 
Petitioner: that Petitioner's combination of education and experience was not substantially equivalent to that of the five 
applicants selected by the Search Committee. 

Petitioner's evidence, considered in its entirety, was insufficient to prove that Respondent's stated reason 
was a pretext for intentional sex discrimination. 

RETALIATION 

3. To show unlawful retaliation, Petitioner must show by the preponderance of the evidence that the employer 
intentionally retaliated against her by taking adverse employment action. Petitioner must first establish a prima facie case 
showing that (1) she engaged in statutorily protected expression; (2) she suffered an adverse action by her employer; and 
(3) there is a causal link between the protected expression and the adverse action. 

If the employee can make out a prima facie case, the employer must articulate a nonretaliatory reason for 
the adverse employment action. The burden is then on the employee to show, by the preponderance of the evidence, that 
the employer's asserted reason was pretextual, i.e., that the adverse action would not have occurred but for the protected 
conduct. 

4. Petitioner established a prima facie showing of retaliation in Respondent's failure to promote her to the 
position of Police and Public Safety Director II, in that she had filed charges against NCCU prior to applying for the 
Director's position, and some members of the Search Committee, including the Chairman, testified that they knew about the 
charges. 

Respondent, however, articulated a legitimate non-retaliatory reason for its decision not to select Petitioner: 
that Petitioner's combination of education and experience was not substantially equivalent to that of the five applicants 
selected by the Search Committee. 

Petitioner's evidence, considered in its entirety, was insufficient to prove that Respondent's stated reason 
was a pretext for intentional retaliation. 



1260 NORTH CAROLINA REGISTER November 1, 1996 11:15 



CONTESTED CASE DECISIONS 



STATE EMPLOYEE PREFERENCE 

5. Petitioner did not demonstrate that she was entitled to application of State employee priority consideration 

for the Director's position, in that she failed to show that her education and experience was substantially equivalent to the 
education and experience of non-State employee applicants the Search Committee selected. Search Committee members 
credibly testified that they did not find Petitioner's education and experience to be substantially equivalent to any of the five 
applicants they selected, based on their assessment of the candidates' application materials in light of the posted job-related 
qualifications. 

RECOMMENDATION 

It is Recommended that Respondent take no action in this matter. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the North Carolina State Personnel 
Commission. 

This the 3rd day of October, 1996. 



Dolores Nesnow Smith 
Administrative Law Judge 



11:15 NORTH CAROLINA REGISTER November 1, 1996 1261 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Ihe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



1262 



NORTH CAROLINA REGISTER 



November 1, 1996 



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